VINOD KUMAR DHALL versus DHARAMPAL DHALL (DECEASED)THROUGH HIS LRS. & ORS.

VINOD KUMAR DHALL versus DHARAMPAL DHALL (DECEASED)THROUGH HIS LRS. & ORS.

Upon admitted facts and evidence, the disputed property was acquired and constructed using funds of the father and was continuously occupied and enjoyed by family members; plaintiff had no exclusive claim and the property was not self-acquired; courts below acted perversely by decreeing the suit based solely on plaintiff's assertion; suit is liable to be dismissed as property is a family property.

Parties
Appellant: Vinod Kumar Dhall; Respondent: Dharampal Dhall (deceased) through his LRs & Ors.
Jurisdiction
India
Judgment Date
26 April 2018
Procedural Posture
Civil Appeal / Appeal From High Court Judgment and Review Decision
Outcome
Appeal allowed; suit dismissed
Legal Topics
Joint Family Property, Benami Transactions, Restoration of Possession, Mesne Profits, Permanent Injunction
Property Law Civil Procedure Joint Family Property Benami Transactions Restoration of Possession Mesne Profits Permanent Injunction

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Parties

Vinod Kumar Dhall

Appellant

Dharampal Dhall (deceased) through his LRs & Ors.

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment and Review Decision

Legal Issues

  1. 1 Whether the disputed house property is a family property or exclusively owned by the plaintiff
  2. 2 Whether the suit for restoration of possession, mesne profits and permanent injunction is maintainable

Ratio Decidendi

Upon admitted facts and evidence, the disputed property was acquired and constructed using funds of the father and was continuously occupied and enjoyed by family members; plaintiff had no exclusive claim and the property was not self-acquired; courts below acted perversely by decreeing the suit based solely on plaintiff's assertion; suit is liable to be dismissed as property is a family property.

Court Disposition

Appeal allowed; suit dismissed

Orders

  • Suit filed by plaintiff-respondents dismissed
  • No order as to costs