CHANDRAJIT SINGH Vs. RATANJIT SINGH

JUDGEMENT

(1.) THIS order shall dispose of both the above said applications, as the decision of OMP 508 of 1991 would depend upon the ultimate Raja Suchet Singh (died in 1900) | Raja Charanjit Singh (died in 1970) | _______________________________________________________________________________________________________ | | | | Kanwar Ajit Singji Kr.Sarabjit Singh Kr.Ripjit Singh Kanwarani (died in 1958) (died in 1976) (died in 1949) Pamela Smt Rajan | Kanwarani | (daughter) widow | Sarabjit | Smt. Nilina Df. 17 Df. 8 | Singh | (widow) | Widow - Df.11 | Df. 4 ____________ _________________________________________________ | | | | | | | | | Damanjit Smt. Sonia Kamaljit Smt. Devika Smt. Neelam Sumanjit Smt. Ramnee | Singh(son) (daughter) Singh Dhamna B. Singh Singh Shivadasani | Df. 9 Df. 10 (Son) (daughter) (daughter) (Son) Df.16 | | Df. 12 Df. 13 Df.14 Df.15 | | | | __________________ ________________________________________ | | | | Kanwarani Shabana Smt. Nilika Km. Rene Ratanjit Karanjit Rajan Ajit Df. 9 -B daughter) (daughter) Singh(son) Singh Singh Df. 8 Df. 7 Df. 6 Df. 1 (son) Df. 9 -A Df.5 Smt. Pronot (wife) Df. 2 | _____________|_____________ | | Chandrajit Smt. mandira Singh (son) (daughter) Plaintiff Df. 3 decision of the Ors. connected OMP 5 of 1993. Both OM Ps are arising from the same facts, involved in the instant suit.

(2.) THE two questions involved iu the instant applications are:

(3.) BOTH Kr. Ajit Singh and Kr. Sarabjit Singh jointly filed a Civil Suit claiming partition of the property belonging to and in the hands of late Raja Charanjit Singh. However, the trial Court dismissed the suit vide its order dated November 30, 1933 (Civil suit was registered as 51 of 1932). Aggrieved with the aforesaid judgment, both Plaintiffs aforesaid assailed it in the Lahore High Court by way of appeal. A cross appeal was also filed by late Raja Charanjit Singh and Kr. Ripjit Singh, since deceased. The dispute was, however, compromised before the High Court and vide its judgment dated 4 -6 -1935, the case was remanded for the passing of the final decree in terms thereof. Resultantly, final decree was passed in the original suit by the learned Senior Sub -Judge, Jallandhar on 30th December, 1937. At this stage, the terms of the compromise would be material to be mentioned here. Certain properties detailed in list as 'A', 'B' and 'C' annexed with the original plaint were kept personal and out of the remaining, 1/2 share thereof was allotted to the Plaintiffs by way of partition and the remaining half was kept joint in between the Defendants, namely, late Raja Charanjit Singh and Kr. Ripjit Singh, since deceased, as coparcenary property. IInd stage: