Hi,
In lower court plaintiff has filed a case stating in the affidavit that the properties are joint family properties of her father and he was looking after these schedule properties as Katha. Plaintiff and her family is Hindu Undivided Family governed by mithakshra school of law and that HUF is in joint and enjoyment possession of the schedule properties. After death of her father in 1998 she as a coparcener of the joint family is entitled to the share in the properties.
Lower court has dismissed the suit based upon the Supreme Court ruling in Prakash and Phulavathi case that father is not alive as on 9th Sep, 2005 therefore plaintiff do not get any rights in the schedule properties.
Now Plaintiff filed an appeal in the high court stating that “The present suit filed by the plaintiff for the partition in schedule properties on the ground that the schedule properties are the self-acquired properties of her father. After the death of her father intestate, the appellant and the respondent 1 to 9 have succeeded to the estate”
Will it amount to the perjury against the plaintiff?
