SURINDER SINGH Vs. MAJOR TEJA SINGH MANSAHIA

JUDGEMENT

(1.) The parties in these three revisions viz. C.Rs. Nos. 975, 1176 and 3839 of 1992 are the successors of Shri Surjit Inder Singh or Smt. Jaswant Kaur. The petitioners are aggrieved by the orders of the respective trial courts in dismissing their applications under Section 10 of the Code of Civil Procedure in Civil Suit Nos. 419 of 30.10.1979 and 183 of 19.4.1988 which had been instituted by the present respondents. A few facts may be noticed.

(2.) Sardar Gobinder Singh had a large estate. He had two wives. He died on December 15, 1954. On May 22, 1956 Smt. Galub Kaur, the widow, filed a suit claiming maintenance @ Rs. 1,000/- per month or in the alternative a one half share in the properties left by her husband. Her co-wife's grandson Surjit Inder Singh was the defendant in this suit. Gulab Kaur died in 1959. Her daughter Jaswant Kaur was impleaded as her legal representative. The suit was decreed by the learned trial court on June 29, 1964. It appears that during the pendency of the appeal even defendant Surjit Inder Singh died. As a result, his wife Amrit Kaur, the sister Palvinder Kaur and his three sons Gobinder Singh, Surinder Singh and Gopal Inder Singh were impleaded as legal representatives. The matter ultimately went upto the Apex Court. It was finally decided vide judgment dated October 25, 1976. The judgment of the trial court was affirmed by their Lordships of the Supreme Court. As a result, the claim of Smt. Jaswant Kaur daughter of Smt. Gulab Kaur who was the appellant before the Supreme Court for a one-half share in the properties was upheld against Smt. Amrit Kaur, Smt. Palvinder Kaur and the three sons of Surjit Inder Singh mentioned above. This judgment is Smt. Jaswant Kaur v. Smt. Amrit Kaur, 1977 PunLJ 54. A petition for the review of this judgment was dismissed by their Lordship in March, 1979.

(3.) In the meantime, a civil suit was filed by Gobinder Singh, Surinder Singh sons of Surjit Inder Singh and Amrit Kaur his wife against Smt. Jaswant Kaur etc. for a declaration that the decree dated June 29, 1964 passed by the learned Subordinate Judge was not binding on them. This suit was decreed by the learned trial court on August 16, 1976. Another suit was filed by these very persons viz. Surinder Singh etc. against Smt. Jaswant Kaur and others before the Himachal Pradesh High Court in the year 1979 for a declaration that they were owners in possession of the properties mentioned in the plaint and that the Supreme Court judgment dated October 25, 1976 was not binding upon them. This suit was decreed partly in respect of two properties vide judgment dated December 3, 1986. An appeal viz. RFA No. 92 of 1987 filed by the present petitioners as also a cross appeal filed by some of the present respondents are pending.