Mr. D. P. Wadhwa, J.

( 1 ) THIS is plaintill s appeal. His suit for declaration and injunction against his two brothers and mother was dismissed byjudgment dated 12/11/1969 by the Sub-Judge 1st Class, Delhi,plaintiff sought a decree that it be declared that property bearing No. 36/15,tihar II, Ashok Nagar, New Delhi, comprising 2-1/2 storeyed and built ona plot of land measuring 100 sq. yards was a joint property of the plaintiffand his two brothers, defendants 1 and 2. The plaintiff also sought permanentinjunction restraining the first defendant from disposing of the suit propertywithout the express concurrence in writing of the plaintiff and the otherbrother, defendant No. 2.

( 2 ) THE principal contesting defendant was defendant No. 1 Sujansingh in whose name the property was standing. During the pendency of thesuit Sujan Singh died and so also the mother of the parties Parmeshwari Devibut not before they had appeared as witnesses during the trial. Defendants2 and 3 were ex pane. They appeared as witnesses, however. Defendantno. 2 Rawal Chand supported his brother Sujan Singh: Parmeshwari Devi,their mother, however, supported the plaintiff in their respective statements.

( 3 ) T

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