Jamna Prasad and ors. Vs. Jagdeo and ors.

specific relief act (i of 1877), section 42 - plaintiff's title not interfered with--decree for possession or declaration not to be granted--hindu law--mitakshara--joint family property--power of one sharer to dispose of his undivided share--consent of other co-sharers--benefit of family. - knox, j.1. on the finding at which the learned subordinate judge arrived, which finding has not been assailed, namely, that the share of the plaintiffs does not appear to have been included in the sale deed, the plaintiffs were not entitled to the decree which they asked for, namely, possession or to the declaratory decree which they obtained. the mere apprehension that complications may arise in future is not a proper ground for the granting of a declaratory decree having regard to the finding set out above. on that finding the appellants have been unnecessarily dragged into court. we allow the (sic) set aside the (sic) of this court and of the lower appellate court and restore that of the first court dismissing the suit. the appellants will have their costs in this court and in the lower appellate court.