MANAK CHAND Vs. SAMPAT RAI & ORS.

JUDGEMENT

(1.) By the impugned order dated 21.12.2011, the learned trial court in the present suit for partition has granted temporary injunction in favour of respondent/plaintiff to the effect that the defendant shall not alienate the suit property further during the pendency of the trial. The reasons assigned by the learned court below are quoted herein below for ready reference:- ...[VERNACULAR TEXT OMITTED]...

(2.) Learned counsel for the appellant/defendant, Mr. Manish Shishodia, submitted that the property in question was self-acquired property of the defendant and, therefore, such restraint could not have been put on the defendant.

(3.) As against this, the learned counsel for the respondent/plaintiff submitted that the property was joint family property and, therefore, was subjected to partition by the plaintiff and, therefore, the property deserves to be protected during the pendency of the trial.