JUDGMENT :

Anil Kshetarpal, J.

1. The defendant-appellant has filed the present Regular Second Appeal against concurrent finding of facts arrived at by the Courts below while decreeing suit filed by the plaintiff-respondent no.1 (herein) -Mange Ram for declaration to the effect that the plaintiff and defendants no.2 to 5 are members of a joint Hindu Family and judgment and decree suffered by defendant no.2 in civil suit no. 568 of 1995 decided on 19.7.1995 in favour of defendant no.1 is illegal, null and void and not binding on the rights of the plaintiffs and performa defendants. It has been contended that coparcenary property cannot be alienated by way of a judgment and decree passed against defendant no.2 and in favour of defendant no.1.

2. In the considered view of this Court, following questions of law arise for determination:-

(i) Whether property received by way of natural succession under Section 8 of the Hindu Succession Act, 1956 by a member of the family continues to be a coparcenary property.

(ii) Whether a civil court decree acknowledging a prior family settlement is re