PRITAM SINGH Vs. SURJIT SINGH AND ORS.

JUDGEMENT

(1.) THIS judgment will dispose of C.R. Nos. 2798 of 1979 and 1985 of 1981. The facts in the judgment are being given from C.R. No. 2798 of 1979. The following pedigree table will be helpful in appreciating the facts of the case:

(2.) BRIEFLY , the facts are that Pritam Singh, Jiwan Singh and Gurdial Singh were the owners of land measuring 1072 Bighas 19 Biswas situated in village Phalauli along with the shares in Samilat Deh, Gora Deh, Abadi Deh, one well for drinking water and one for irrigation, Kholas, and one house in the same village. Pritam Singh and Jiwan Singh filed a suit for possession of their 2/3rd share in the said property and for recovery of the amount of share of future profits in the land. The suit was decreed by the District Judge on 25 -12 -2006 B.K. (8th April, 1950) regarding the properties. However, there is no mention in the decree with regard to the relief of recovery of share of profits in the land. Gurdial Singh went up in appeal in the Pepsu High Court which was dismissed on 30th January, 1953. The decree -holders then filed an application for execution of the decree on 25th March, 1953, in the Court of the District Judge praying that the land be got partitioned by the Collector, that the costs be realised by attachment of the land of the share of the judgment -debtors and that the future profits be ascertained and recovered from them. The District, Judge sent a request to the Collector to partition the land. He, however, consigned the execution file to the record office pending report from the Collector.

(3.) THE learned trial Court held that the decree dated 25 -12 -2006 B.K. was not a preliminary decree and, therefore, the Petitioners could not claim any mesne profits. It was further held that the mesne profits were not awarded by the trial Court and, therefore also they could not claim the same. The application was consequently dismissed. Pritm Singh decree -holder came up in revision to this Court.