Second appeal against dismissal of a suit for permanent injunction regarding ancestral property. The High Court held that the suit was not maintainable as no partition had occurred and all co-heirs were not impleaded. Appeal dismissed with no error found in lower courts' findings.
Second appeal dismissed; no interference in findings of lower courts.
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Neutral Citation No. - 2024:AHC-LKO:37664
Court No. - 5
Case :- SECOND APPEAL No. - 174 of 2022
Appellant :- Hari Shankar And 3 Others Respondent :- Babu Counsel for Appellant :- Gaurav Nigam,Deepak Chandra Jain,Rajendra Singh Chauhan
Hon'ble Rajnish Kumar,J.
Bachchan. The house in dispute was devolved on Hira Lal from his father Chote Lal and the house in question is of Chote Lal. He also admitted that in the house of Chote Lal, Sundar Devi wife of Shyam Lal also resides and two rooms are in her possession, whereas he has not disclosed his relation with the defendant-respondent in his plaint, therefore the suit suffers from material concealment. He had also admitted that the property in dispute is coming from his grand father Chote Lal, who had four sons as disclosed above, therefore as to how the property in dispute devolved only on the father of PW-1 i.e. Hira Lal, could not be pleaded and proved.
...................................................................(Rajnish Kumar, J.)
Order Date :- 16.5.2024 Haseen U.
Digitally signed by :- HASEENUDDIN High Court of Judicature at Allahabad, Lucknow Bench
2 issues framed by the court
Whether the dismissal of an unjustified suit for permanent injunction involving ancestral property without proper partition and impleadment warrants interference in second appeal.
Whether a suit for permanent injunction is maintainable over undivided ancestral property without impleading all entitled co-heirs.
Hari Shankar And 3 Others
Babu
Rajnish Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
