Case Note & Summary
The case involves a second appeal filed by the original defendants against a decree for perpetual injunction in favor of the respondent/plaintiff. The respondent claimed that 1/2 portion on the western side of land bearing Gat No.357 of village Dahiwadi originally belonged to Hambirrao Landge and Savala Landge. The respondent agreed to purchase that portion by an agreement for sale dated 30th July 1977 and was put in possession. Hambirrao executed a sale deed in respect of his share, but Savala refused. The respondent filed a suit for specific performance of the agreement and obtained a sale deed by decree. Subsequently, the respondent filed the present suit for perpetual injunction to protect his possession. The trial court and first appellate court decreed the suit, holding the property to be joint family property. The appellants challenged this finding in second appeal. The substantial question of law framed was whether the suit property was rightly held to be joint family property. The High Court, after hearing counsel, held that the finding was correct and dismissed the appeal with no order as to costs.
Headnote
A) Property Law - Joint Family Property - Undivided Share - Agreement for Sale - The suit property was held to be joint family property belonging to Hambirrao Landge and Savala Landge. The respondent/plaintiff agreed to purchase 1/2 portion on the western side by an agreement for sale dated 30th July 1977. Hambirrao executed a sale deed in respect of his share, but Savala refused. The respondent filed a suit for specific performance and perpetual injunction. The courts below held the property to be joint family property. The substantial question of law was whether the suit property was rightly held to be joint family property. The High Court answered in the affirmative and dismissed the appeal. (Para 1-3)
Issue of Consideration
Whether the suit property was rightly held to be joint family property.
Final Decision
The Second Appeal is dismissed. The finding that the suit property was joint family property is upheld. No order as to costs.
Law Points
- Joint family property
- Undivided share
- Agreement for sale
- Specific performance
- Perpetual injunction
- Hindu law
