9911796707
|
Home
Issues:
1. Ownership declaration of property and its liability in execution of a decree. 2. Legal necessity for mortgage execution and transfer of joint family property. Analysis: 1. The appeal involved a dispute over the ownership of a property mentioned in a suit filed by Jagannath Prasad against Nathimal, Parmeshwari Das, and Mt. Bibiramji. The property was subject to a decree for sale based on a mortgage executed by Parmeshwari Das in favor of Nathimal. The plaintiff claimed ownership of the property under a will executed by Beni Prasad, alleging that Parmeshwari Das had no right, title, or interest in the property. The defendants contended that Parmeshwari Das was the sole owner of the property. The lower court found that the property was joint family property of Beni Prasad, Parmeshwari Das, and Jagannath Prasad, and decreed in favor of the plaintiff for half the property, as no legal necessity for the mortgage was established by the defendants. 2. The appellant argued that the decree should have been passed for the whole property, citing the principle that a father of a joint Hindu family cannot transfer his share without legal necessity. However, the court noted that the question of legal necessity was not raised in the pleadings, and no issue was framed on it in the lower court. As the parties had not been given an opportunity to plead or produce evidence on legal necessity, it would be unjust to base a decision on this point. The court emphasized the importance of providing a fair opportunity to be heard before making a decision. Without evidence of legal necessity and considering the lack of proper pleading on the issue, the court dismissed the appeal, upholding the lower court's decree for half the property in favor of the plaintiff and the dismissal of the suit for the other half. Overall, the judgment highlighted the significance of legal necessity in property transactions, the requirement for proper pleading and evidence on crucial issues, and the fundamental principle of providing a fair opportunity for all parties to present their case before a decision is made.
|
