Unknown vs Smt. Taresh Gupta And Others"
2022 Latest Caselaw 345 UK

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      22.02.2022                        SA No.4 of 2022
                                        Hon'ble Alok Kumar Verma, J.

This Second Appeal has been filed against the judgment and decree dated 06.10.2021, passed by the learned District Judge, Dehradun in Civil Appeal No.170 of 2018, "Mukesh Kumar Gupta vs. Smt. Taresh Gupta and Others", whereby the counter claim, preferred by the appellants/defendants, which was allowed by the learned trial court, has been dismissed.

Heard Mr. Neeraj Garg, the learned counsel for the appellants.

The learned counsel for the appellants submitted that admittedly, the shop-in-question was purchased by the original defendant Mr. Swaraj Gupta (deceased). The learned counsel for the appellants further submitted that the case of the plaintiff is that the said shop was purchased from the income of the joint family business.

He further submitted that the plaintiff had sought relief to declare him owner of the said shop and, alternate, he also sought relief to declare him a tenant of the said shop.

The learned counsel for the appellants argued that these reliefs, sought by the plaintiff, were destructive and contradictory reliefs, therefore, the plaintiff cannot seek the said contradictory reliefs.

The Second Appeal is admitted on the following substantial question of law:-

Whether once contention of plaintiff that the property was purchased by joint Hindu Family from its funds and subsequent alleged family settlement dated 28.02.1993 was negatived concurrently and defendant no.1 being the owner of property vide sale deed dated 11.07.1983, learned lower appellate court was justified in dismissing the counter claim of defendant no.1/appellant.

Issue notice to the respondents. Steps to be taken within a week. Post this case on 11.04.2022.

(Alok Kumar Verma, J.) 22.02.2022

Neha