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 & 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. 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.

Both Mst. Barto Devi and Mr. Gouri died during the pendency of the suit. They have been substituted by their legal representatives. Finding that the property in dispute was the joint property of the parties and there was a prima facie case in favour of the plaintiff, the trial

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