Vinod K.Sharma, J.

1 This is defendants appeal against the judgment and decree dated 14.8.1984, passed by the learned courts below vide which suit filed by the plaintiff/respondent, for joint possession, was decreed.

2 Minor plaintiff/respondent filed a suit, claiming that he was the adopted son of Chaju, defendant No. 1 and was entitled to succeed to the property of his adopted father. The case of the plaintiff was, that his adopted father Chaju Ram constituted a joint Hindu family with him, the property in the hands of Chaju Ram, defendant No. 1 his adopted father, was ancestral, therefore, he had no right to alienate it except for legal necessity. Pleaded case of the plaintiff was, that defendant No. 1 was drunkard, gambler and spendthrift, so he was requested not to sell, mortgage or otherwise alienate the property in dispute except for consideration and legal necessity. It may be noticed here that the suit for injunction as originally framed was not competent.

3 In the first instance the suit for injunction was filed. However, during the pendency of the suit defendant No. 1, sold the property in dispute to defendants No. 2 and 3. The suit was accordingly amended, seeki