SUDERSHAN SINGH Vs. SANTOKH SINGH

JUDGEMENT

(1.) RESPONDENTS in the writ petition have preferred the instant appeal under Clause 12 of the Letters Patent against the order dated July 29,1993 passed by a learned Single Judge on their application seeking clarification of courtâ„¢s orders dated June 28,1990 and Sept. 20,1990.

(2.) THE Writ petition arose from proceedings relating to title to immovable property. According to the averments of the appellants, they were the sole owners of the property and, therefore, entitled to receive the entire rent in respect thereof which was being deposited by the Army authorities with the Collector of the District. The respondents 1 and 2 contested the appellantâ„¢s claim of being sole owners of the property in question and asserted that the property belonged to joint family in which they also had share. If all the contentions of the respondents are accepted even then they will be entitled only to one half share in the property and consequently to one half share in the rent which the property yields. Yet interim order was passed on June 28, 1990 where the appellants were restrained completely from receiving amount of compensation with respect to the land in question. This order was passed before admission of the writ petition. The writ petition was admitted on Sept. 20,1990 and interim order dated June 28,1990 was continued. Sometime in the year 1993, application which has given rise to the present appeal was filed containing prayer in the following terms: -

(3.) THE learned counsel for the appellants has submitted that there was no dispute regarding appellants one half share in the land and, therefore, there was no occasion to deprive the appellants from their one half share in the rent.