DARBARI LAL Vs. MADAN LAL

JUDGEMENT

(1.) Mst. Barto Devi filed a Suit against Gouri, her brother, impleading Nikki and Kamla Devi as Proforma Defendants seeking declaration that land comprised in Khewat Nos. 1, 2 and 3 of Village Padal of Tehsil Hiranagar, was the joint property of the parties to the Suit and Gouri had no right to transfer it by any mode including Sale, Gift, Mortgage, Lease or Exchange etc.

(2.) Alongwith the Suit, an application seeking interim directions against the Defendant too was filed. Gouri contested the Suit pleading, inter alia, that land comprised in Khasra No. 198/7 min falling in Khewat No. 2, was his self acquired property and Mst. Barto Devi had neither any right therein nor was she entitled to seek injunctive directions against him. Copy of Decree dated 06.11.69 of the Civil Court of Munsiff, Hiranagar, evidencing Gouri to have acquired land comprised in Khasra No. 198/7min in terms of the Decree, was also placed on records.

(3.) In applying the provisions of Section 92 of the Transfer of Property Act, the Courts proceeded on the premise that the Decree relied upon by the Defendant was a Decree of Redemption of Mortgage which would not vest ownership right in Defendant No. 1 to claim absolute and exclusive right of enjoyment of land comprised in Khasra No. 198/7 min.