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1977 Supreme(P&H) 46

R.S.NARULA
Kaka Singh – Appellant
Versus
Rohi Singh – Respondent


Judgment

1. Ujagar Singh respondent No. 5 executed an agreement for sale of 31 Kanals of land in favour of Kaka Singh petitioner, Bhag Singh and Jagga Singh. Ujagar Singh is stated to be the sole and exclusive owner of the said land. Rohi Singh and three other minor sons of Ujagar Singh aforesaid (respondents Nos. 1 to 4) subsequently filed a suit against their father Ujagar Singh (without impleading either the petitioner or Bhag Singh respondent No. 6 or Jagga Singh respondent No. 7 as parties to the suit) for a declaration to the effect that they are owners of four-fifths share of the entire land measuring 58 kanals including 31 kanals of land in question in their capacity as members of the joint Hindu family on the allegation that the whole of the said land is coparcenary property. Respondents Nos. 1 to 4 (plaintiffs in the suit) further prayed for the grant of a permanent injunction to restrain their father Ujagar Singh from alienation the land without getting it partitioned and alienating anything more than his share therein. Kaka Singh petitioner and Bhag Singh and Jagga Singh respondents Nos. 6 and 7 made an application under O. 1, R. 10 of the Civil P. C. to the trial Court




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