MAHAVIR PARSHAD Vs. DES RAJ

JUDGEMENT

(1.) This second appeal of the plaintiff-appellant is directed against the judgment and decree of the court of Ms. Kiran Aggarwal, the then District Judge, Una dated 29,6.1990,.whereby reversing the decree of. Shri M.R. Chauhan, Sub Judge, 1st Class, Amb dated 31.1.1986, she has allowed the appeal of the defendant-respondent and dismissed the suit.

(2.) The plaintiff had filed a suit for declaration with the conseauential relief of permanent injunction restraining the defendant from dispossessing him from the enjoymennt of the suit property, fully described in the plaint, and in the alternative a decree for possession of the suit land, as according to the plaintiff, the same was a joint Hindu family property comprising him and one Panna Lal, who was the real brother of the plaintiff and both the brothers were also the coparceners.

(3.) It may be mentioned here that the original plaintiff was Kaudu alias Izzat Rai and the present appellant is his legal representative who was stepped into his shoes after the former's death. It was pleaded that on the death of Panna Lal on 8.2.1970, his interest devolved upon the original plaintiff, i.e., Kaudu, however, the Assistant Collector, 1st Grade, Una wrongly sanctioned, the mutaiton of inheritance in favour of the defendant-respondent i.e. Des Raj. The alternative plea in this connection was that the disputed property being ancestral joint Hindu family property of the plaintiff and the deceased Panna Lal, therefore, he was not competent to alienate the same by way of a will.