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2018 Supreme(P&H) 1012

RAJBIR SEHRAWAT
Mohinderpal – Appellant
Versus
Malkiat Singh – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. R.N.Moudgil, Advocate
For the Respondent:Mr.J.S.Jaidka, Advocate

JUDGMENT :

Rajbir Sehrawat, J.

1. This is the second appeal filed by the plaintiff who remained unsuccessful before both the Courts below; in his suit for joint possession of the land measuring 6 Kanals 8 Marlas; detailed in the plaint; claiming the same to be the coparcenary property of the plaintiff and defendant Nos. 2 and 3 in the suit.

2. For the convenience, the parties herein would be referred to as the plaintiff and the defendants as they were described in the original suit.

3. The brief facts of this case are that the plaintiff/appellant herein had filed a suit for joint possession; averring therein that the plaintiff and defendant Nos. 2 and 3 are the members of the joint hindu family and governed by the Hindu Law in the matter of succession and alienation. As per Hindu Law every coparcener has a right in the property by birth. No one can transfer or alienate any party of the joint hindu family property to some other person without the consent of the other coparceners or without legal necessity. However, defendant Nos. 2 and 3 executed sale deed dated 03.03.1987 in favour of defendant No. 1 qua the suit land in an unlawful manner and with intention of depriving the plaintiff
























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