JUDGMENT

Anil Kshetarpal, J. (Oral) - The plaintiff has filed the present appeal assailing the correctness of the judgments and decrees passed by both the courts below whereby his suit for grant of declaration, to the effect that he is the owner in possession of half share of property i.e House no.81 Sector 19 A Chandigarh, on the basis of memorandum of family settlement has been dismissed.

2. After having heard the learned counsel representing the parties, this Court is of the opinion that the following questions of law arise for consideration :-

A) In a suit for grant of declaration with respect to an exclusive inter se dispute between two brothers, whether the remaining family members or the State Government or the municipal authority are necessary parties?

B) Whether it is appropriate for the court to travel beyond the scope of the suit asserted in the pleadings of both the parties?

3. Some facts are required to be noticed. The appellant before this Court is the plaintiff (Indar Krishan Mehta). The defendant in the suit was late Shri Kewal Krishan Mehta, who is now represented by his legal representatives namely Smt. Saroj Mehta and Ms Monita Mehta. In the present case, the dispute