wherein it was held that the rules of custom governing alienation were not affected by the enforcement of the Hindu Succession Act and still continue ... other words, Act No. 2 of 1920 was not to affect alienation or appointments of heir made before the date on which it came into
suit challenging alienation of ancestral property
by a Hindu governed by Mitakshara law affected by his father is 12 years
and the time begin ... applicable as there is no challenge to the alienation affected by Shiv Dev
Singh at the instance of the plaintiff. The plaintiff has asserted such
village Himayunpur, Tehsil Jhajjar, District
Rohtak, out of love and affection, alienated the same, in favour of the
plaintiff, vide decree dated
move the Court to grant
relief by injunction restraining the karta from alienating the
coparcenary property."
On the same point reliance is placed upon ... injunction, which was refused and that they could only
challenge the alienation affected by the Karta and they have
no right to restrain him from
suit.
The section only postulates a condition that the
alienation will in no manner affect the rights of the other
party under any decree which ... suit but it only postulates a condition that
alienation would in no manner affects the rights of other party under
the decree which
restricted right of alienation and that he could alienate only for necessity. In other words, any alienation made but for legal necessity was not binding ... declaration may be granted to the effect that the impugned alienation would not affect the reversionary rights. In other words, the alienation should be treated
otherwise deal with any portion of his original holding so as to affect the rights of any other landowner under the scheme of consolidation ... landowner can without the sanction of the Consolidation Officer make any alienation to affect the rights of the other landowners under the scheme
view that for a
successful prosecution of such an action for
alienation of affection, the loss of marital
relationship, companionship, assistance, loss of
consortium
right of lessee from complainant was snatched because alienation was
affected by Smt. Raj Kaur and Phulpati beyond their share. Jaipal has been
implicated
Mangli was not to be affected by
R.S.A. No. 1701 of 1986
11
alienation, dated 9.4.1945 except to the extent
