outcome of the complaint
is not affected in any manner, the petitioner can be restrained from
alienating and/or creating any third party rights
Baljinder Singh vs Jarnail Singh on 30 January, 2017
Author: Amol Rattan Singh
Bench: Amol
Provided that nothing contained in this sub-section shall affect or
invalidate any disposition or alienation including any partition or
testamentary disposition of property which ... affect--
(a) the right of any creditor to proceed against the son, grandson or
great-grandson, as the case may be; or
(b) any alienation
life tenure and all the alienations
made by defendants No. 1 and 2 were illegal and did not affect his right. It
was pleaded that
trial court
that the cuttings and overwriting are not going to affect
the case of the respondent on merit but this court ... going to affect the case of the
plaintiffs on merit meaning thereby share of the
complainant has been alienated in favour of present
accused
full love and affection with the
plaintiff. He had no intention to exclude the plaintiff. Suit property cannot
be alienated without legal necessity. Defendants
might affect hundreds of other employees if the
service rendered on deputation is counted towards seniority. Such
reasoning, however, becomes altogether alien when the question
paper transaction
and the property was purchased out of love and affection in her favour. It
was the case of the plaintiff that the revenue ... plaintiff. On having a threat from the defendant to alienate/transfer
the suit land the plaintiff had to file the suit.
On notice defendant appeared
bogus,
sham and nullity transaction and it does not affect the
ownership right of the plaintiff in any manner
whatsoever and the same may kindly ... injunction as consequential relief,
restraining the defendant No.1 and 2 from alienating
the said land under the pretext of the alleged sale deed
plaintiff asserted that his father
respondent No.4 could not have adversely affected his rights in ancestral
property and thereby debarring him from claiming ... share
therein. The son asserted that the father had no right to alienate the entire
ancestral suit property to respondent Nos.1 to 3, herein