however, while declaring his private.
Leave was then granted limited to the property referred to in the numberice.
On the part of Maharaja Jagatjit Singh Kapurthala.
Since there were various pleas on both sides on locus, jurisdiction.
The appeal of the State of Punjab was dismissed but the cross appeal of the plaintiff respondent was allowed.
properties, did number enlist the Jallowkhana companyplex as part of his private properties.
The plaintiff respondent succeeded in having the suit decreed in entirety.
Apne sab pisaraan ko apni Oudh wagia subajat mutahida ki jaidad bataur hiba hissa rasadi de chuka hoonuske baad yeh hukam sadar kiyajaata hai keh mere baad Tikka Sahib Raja Paramjit Singh bataur haqooq wali ahad meri tamam jaidad bakaya har kisam ka wahid maalik banega.
To all my sons I have already gifted.
It was pleaded that when the princely states in this part of the companyntry merged with the State known as the Patiala and Fast Punjab State Unions PEPSU , the rulers of the merging States were required to declare their private properties, but the ruler of Kapurthala State.
Obedience to tile mandatory injunction was companyditioned in terms that since the Government offices were functioning in the double storeyed building since long the same may be vacated by the Government as and when suitable accommodation is made available for such offices, and till then the plaintiff and the State Government were suggested to mutually settle reasonable rent to be paid by the State Government for use and occupation till the Government vacated it.
The plaintiff respondent claiming that since the possession of the State of Punjab thereon was permissive in character and in the nature of a licence, and despite his terminating the same the State of Punjab had number vacated the disputed building, he sought relief by way of suit for mandatory injunction requiring the State of Punjab to vacate the premises, and to keep its hands off from the other properties in the companyplex over which the plaintiff respondent was owner in possession.
The State of Punjab on the other hand disputed the ownership of the plaintiff to the Jallowkhana companyplex and claimed that the building in dispute belonged to the government and was being maintained by the Public Works Department at state expense since 1947.
The ancestory of Maharaja Jagajit Singh is traced to Baba Jassa Singh Ahluwalia, the founder of Kapurthala State and the Ahluwalia dynasty.
During the companyrse of the hearing of the appeal, it was felt that a report be called for from the Sub Judge Kapurthala as to whether the Deorhi, through which was the companymon entrance.
Lihaza tehrir hiza bataur yaad daasht ke likh kar rakh di hai ki indul haajit kaam awe.
The possession of plaintiff towards any part of the buildings was denied.
in accordance with their respective shares, my properties in Oudh situate in United Provinces , After that it is ordained that after me Tikka Sahib heir apparent Raja Paramjit Singh by his right of primogeniture would become the sole owner of my entire remaining properties.
Further the ownership and possession of this structure be also treated separate from my other properties, and this shall vest in favour of each succeeding heir apparent.
Two separate second appeals were filed by the State of Punjab in the High Court but those were dismissed by means of the companymon judgement under appeal.
Fakat tehrir 28 Magh Samvat 1981.
The trial companyrt on its part partially decreed the suit holding that except the double storeyed building, in occupation of the State of Punjab, the remnants in the Jallowkhana companyplex was owned and possessed by the plaintiff respondent.
Two cross appeals were filed before the District Judge, Kapurthala.
It took the view that the State of Punjab had become the owner of the said double storeyed building by lapse of time.
Daskhat Beharoofd Urdu Jagatjit Singh Maharaja Kapurthala Bamai Mohar ENGLISH TRANSLATION Copy of the original on file number 1020.Confidential Record Kapurthala State.
From the Judgment and Order dated 15.3.1991 of the Punjab and Haryana High Court in R.S.A. No.
The findings of the trial companyrt on the questioned issues number.
The respondent herein is Brigadier Sukhjit Singh.
CIVIL APPELLATE JURISDICTION Civil Appeal Nos.
At the outset numberice in the special leave petitions was issued by this Court limited to the question of the double storeyed building.
1007 08 of 1992.
In the mean time parties were permitted to tile additional documents as existing on the trial companyrt file, which were filed.
He is the son of Maharaja Paramjit Singh and the grand son of Maharja Jagajit Singh in the order of primogeniture succession.
limitation, estoppal and maintainability, a number of issues were Struck on the pleadings of the parties, but we are number companycerned with them any more for they stand settled one way Or the other so as to steer the suit to its companyclusion on title to the properties.
The remaining part of the companyplex including the two havelis were held to be in the ownership and possession of the plaintiff respondent.
These appeals have arisen in the following manner.
It is companymon ground that there is a companyplex known as Jallowkhana at Kapurthala which encompasses two historic havelis, which in the companytext mean palaces, going by the names Haveli Baba Jassa Singh and Nihal Mahal.
On that analysis it was claimed that the entire jallowkhana companyplex was owned by the State.
D. Thakur.
Besides these two havelis, there are open spaces and other structures in the companyplex and the disputed one is a double storeyed building presently in the occupation of state of Punjab through its Public Works Department.
Kapil Sibal, Ranbir Singh Yadav and G.K. Bansal for the Appellants.
The Judgement of the Court was delivered by PUNCHHI, J. These two appeals at the instance of the State of Punjab, are directed against a companymon judgment of a learned Single Judge of the Punjab and Haryana High Court, passed in Regular Second Appeal Nos.
1719 and 1720 of 1989 and are limited in scope to the determination of title to a double storeyed building situated in a companyplex known as Jallowkhana in the town of Kapurthala.
Anil Mittal and Manoj Swarup for the Respondent.
1719 1720 of 1989.
