RAJINDER PRASHAD MALIK Vs. SHANTI DEVI MALIK

JUDGEMENT

(1.) For understanding the facts of this case in a better perspective, pedigree-table is necessary to be given. There was one Dhallu Ram Malik. He had three wives. He was karta of the Joint Hindu family before the partition of the country. From his second wife, he had three sons named H. C. Malik, R. B. Malik and P. C. Malik, From his third wife, he had four sons named Ram Malik, K. L. Malik, Charanjit Lal Malik and Om Prakash Malik. The joint Hindu Family owned considerable agricultural land and other immovable properties in Jhang, now in Pakistan. Dhallu Ram Malik who was karta of the Joint Hindu Family died before partition of the country. After the partition of the country, all the members of the Joint Hindu Family, migrated to India leaving behind vast immovable properties in Jhang. Joint Hindu Family was allotted the following lands in lieu of the Joint Hindu Family property abandoned in Pakistan :

(2.) Recapitulating, Dhallu Ram had married thrice. He had no issue from the first wife. the progeny from the second wife i.e. H. C. Malik, R. B. Malik and P. C. Malik managed property at village Lali in District Rohtak while Ram Malik, K. L. Malik, Charanjit Lal Malik and Om Prakash Malik i.e. progeny from the third wife started managing property at village Kharkhoda, H. C. Malik got allotted the following plots in his name :

(3.) Later on, when the property i.e. House No. 8, Sector 11-A, Chandigarh was sold during the pendency of the suit by Shanti Devi defendant to Ranjit Singh and Tej Kaur, Ranjit Singh and Tej Kaur were impleaded as defendants Nos. 2 and 3 in the suit, Para No. 16-A was added to the plaint consequential to the impleadment of Ranjit Singh and Tej Kaur as defendants Nos. 2 and 3 in the suit viz., that this sale shall not have any effect on their rights in view of S. 52 of the Transfer of Property Act enshrining "doctrine of lis pendens".