Narender Nath vs Om Prakash - 2023 Supreme(HP) 145

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(HP) 145

JYOTSNA REWAL DUA
Narender Nath – Appellant
Versus
Om Prakash – Respondent

Advocates:
Advocate Appeared:
For the Appellant :Shri Anand Sharma, Senior Advocate, with Mr. Karan Sharma, Advocate
For the Respondent:Mr. Suneet Goel, Advocate

JUDGMENT :

Jyotsna Rewal Dua, J.

Learned trial Court as well as learned first appellate Court vide their respective concurrent judgments dated 28.03.2005 and 30.11.2005 decreed the civil suit instituted by the respondent-plaintiff. The defendants have assailed these judgments and decrees in this regular second appeal.

2. The civil suit was filed by the respondent/plaintiff seeking declaration that a gift deed dated 14.08.1981 (Ex.PW-1/A) executed by his father/deceased Faquir Chand in favour of plaintiff’s brother-Narender Nath (defendant No.1) in respect of the suit land was null and void. Suit property was ancestral in nature and, therefore, Faquir Chand was not competent to execute the gift deed. The ancestral property could not have been alienated by Faquir Chand without the consent of the plaintiff-a coparcener. Mutation attested on the basis of this gift deed is also not valid. After execution of the gift deed, defendant No. 1 Narender Nath sold his 1/3rd share in the suit property in favour of defendant No. 2- Rajesh Kumar. This alienation is also void.

Both the learned Cour