in the property. The defendants have not denied that
the plaintiff has 1/4th share in the suit properties
except the properties mentioned at Serial nos.4, 7,
and 8 of the Exhibit-A to the plaint. As regards
property at Sr. No.4 of the Exhibit-A to the plaint,
the defendants have stated that the same was disposed
of by Harishchandra during his life time. As regards
property at Serial nos.7 and 8, the defendants have
denied that they were the properties of deceased
Harishchandra. Properties at Sr.Nos.7 and 8 stand in
the name of defendant no.3. There is no material on
record to show that the properties at Sr.No.7 and 8
belong to the deceased. At this stage therefore, it
cannot be said, even prima facie, that the deceased
was the owner of the properties mentioned at Sr.Nos.7
and 8 of Exhibit-A to the plaint. As regards the
movable properties, the defendants have stated that
movable properties and/or documents relating to them
are in the possession of the plaintiff and the
plaintiff himself is aware of the extent of the
movable property belonging to the deceased. In any
event, since the defendants are not claiming
exclusive ownership in any of the movable properties,
there can be injunction against the transfer of the
movable properties.
