TEJA SINGH Vs. S. SHAMSHER SINGH AND OTHERS

JUDGEMENT

(1.) SARDAR Bahadur Bhagwant Singh was a jagirdar of Bhareli Estate in the district of Ambala. He had three sons, Teja Singh, Shamsher Singh and Rup Singh. In 1946 he divided his estate amongst his sons and the lands comprised in villages Bir Babupur and Bir Ferozeri were given to Shamsher Singh and the mutations in respect thereof were attested on 22nd August, 1946. Teja Singh thereupon brought the present suit for a declaration that these mutations were null and void and ineffective against his rights of succession. It was alleged by him that the rule of succession in their family was that of primogeniture and the eldest son was alone entitled to succeed and the junior members could only get maintenance. It was also stated that the land in suit was jagir land and was inalienable. It was further alleged that the distribution of land made by the father amongst his three sons was unequal. It was claimed that the family of the plaintiff was one of the 34 families of the Cis -Sutlej States and the ancestors of the parties were Cis -Sutlej Chiefs. The land in dispute was alleged to be ancestral and the impugned mutations were against the conditions of the jagir.

(2.) THE suit was, in the first instance, brought on 20th August, 1952 against Shamsher Singh Rup Singh and Sardar Bahadur Bhagwant Singh, defendants 1 to 3. In para 7 of the plaint, it was mentioned that village Bahlan Khanpur had been gifted to Rup Singh, defendant No. 2, and a separate suit would be filed in respect thereof. In para 8, it was stated that defendant No. 2 was interested in the estate and in maintaining the mutations and, therefore, he had been impleaded as a defendant.

(3.) AN application was filed by Rup Singh on 13th December, 1952 in which he stated that he had been made a party to the suit without any reason whatsoever and he prayed that his name be removed from the list of defendants.