JUDGMENT :

Amol Rattan Singh, J.

By this appeal, the second defendant in the suit instituted by respondent herein, impugns the judgment and decree issued by the first appellate court (Additional District Judge, Gurugram), dated 29.08.2017, reversing the judgment and decree issued by the learned Civil Judge (Junior Division), Gurgaon, May 20, 2015, dismissing the suit.

2. The respondent-plaintiff had instituted a suit seeking a declaration to the effect that she is a co-owner, alongwith the defendants, of the suit property earlier belonging to their father, he having died on 28.02.1989. She also sought a decree partitioning the suit property, with a consequential relief of mandatory and permanent injunction, the perpetual injunction sought being that the defendants be restrained from alienating the suit property.

3. Upon notice having been issued in the suit, the appellant herein and his co-defendants no.1 & 4 (his brothers, presently respondents no.2 and 4), appeared before the trial court and filed a written statement and raising preliminary objections of maintainability of the suit and other usual such objections on lack of locus standi, not coming to the court with clean hands etc.