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2010 Supreme(P&H) 860

RAKESH KUMAR GARG
Arya Mittar – Appellant
Versus
Ashok Kumar Goel – Respondent


Judgment

Rakesh Kumar Garg, J.

1 This is defendants second appeal challenging the judgment and decrees of the courts below, where by suit of the plaintiff-respondent for declaration to the effect that he and the appellants re owners in joint possession in equal shares of the land with consequential relief of permanent injunction, was decreed.

2 As per the averments made in the suit, appellants and plaintiff respondent with one Swaran Lata constituted a joint Hindu family. Appellant No.2 being karta of the joint Hindu family, purchased the properties in dispute in the name of appellant No.l, who was minor at the time of purchase of the suit land and had no source of income to purchase the same. It is the further case of the plaintiff-respondent that as the suit property was purchased from the funds of the joint Hindu family, so he being the co-parcener in the said joint Hindu family had every right, title and interest in the suit property as the suit property retained the character of joint Hindu family property. The suit property cannot be alienated without legal necessity or consideration without the prior permission of other coparceners including the plaintiff-respondent. The defe






















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