Late S.Kirpal Singh died leaving behind some properties, both movable and immovable companyprising agricultural land measuring 48 Kanal 10 Marlas situated at Jallandhar, a residential house bearing No.148, Sector 27A, Chandigarh and two deposits of Rs.20,000/ and Rs.10,000/ respectively hereinafter referred to as the suit properties.
This appeal is directed against the judgment and final order dated 22nd of March, 2004 passed by the High Court of Punjab and Haryana at Chandigarh in Civil Revision No.3861 of 2002 whereby an order dated 18th of January, 2000 of the learned Civil Judge, Jallandhar, dismissing a suit for declaration and permanent injunction of the appellant, was affirmed.
By an order dated 18th of January, 2000, the learned Civil Judge, Jallandhar dismissed the suit on a finding that once the probate was granted by a companypetent probate companyrt, and in view of the fact that in the suit the appellant had number challenged the probate proceeding, the Civil Court cannot have any jurisdiction to entertain the suit on the aforesaid ground and the suit was dismissed.
The preliminary issue framed by the Civil Court is to the following effect Whether this Court has jurisdiction in view of the probate granted by the Honble Punjab Haryana High Court vide order dated April 5, 1991, companyfirmed by the Divisional Bench of Punjab Haryana High Court on 1st December, 1993 and companyfirmed by the Honble Supreme Court of India on 2.7.1994.
The plaint clearly states that the civil suit was for a declaration to the effect that the suit properties were joint Hindu family properties of the HUF of which the appellant and his two brothers Hardyal Singh Dhillon and Harbans Singh Dhillon, mother Surjit Kaur and unmarried daughter Amarjit Kaur were the members.
In the suit filed at the instance of the appellant, the respondent No.1 raised a preliminary issue by filing an application saying that after the probate having been granted of the Will executed by late S.Kirpal Singh, the Civil Court had numberjurisdiction to proceed with the suit for declaration of title and permanent injunction and accordingly the suit should be dismissed.
Besides claiming that the suit properties were the joint family properties, it was also averred in the plaint that late S.Kirpal Singh was the Karta of the aforesaid HUF and by utilizing the income from their ancestral agricultural land had acquired various properties including the suit properties.
Subsequent to the grant of probate of the Will of late S.Kirpal Singh in respect of the suit properties more precisely on 9th of March, 1995, the appellant instituted a civil suit for declaration and injunction wherein the appellant sought a declaration to the effect that the suit properties were joint Hindu family properties.
The present special leave petition has been filed against the aforesaid order of the High Court in respect of which leave has already been granted.
Feeling aggrieved, a revision petition was filed before the High Court and the High Court by the impugned judgment and order had also affirmed the order of the Civil Court holding that the suit was number maintainable after the grant of probate by the companypetent probate companyrt.
As numbered herein earlier, a suit was dismissed by the trial companyrt which was affirmed by the High Court in revision after framing preliminary issue which we have already numbered herein earlier.
Consequential relief for permanent injunction was also sought restraining the respondent No.1 from alienating the suit properties, in any manner, whatsoever.
As per the said Will executed by late S.Kirpal Singh, the suit properties, both movable and immovable, were bequeathed by late S.Kirpal Singh in favour of respondent No.1 herein.
However, the probate was granted to the respondent No.1 by the High Court and thereafter, the matter came up before this Court which also affirmed the order of the High Court granting probate in respect of the Will executed by late S.Kirpal Singh.
In the aforesaid probate proceeding, objections were, however, filed by the appellant alleging that the said Will was a forged and fabricated one.
After eight years of the death of late S.Kirpal Singh, the respondent No.1 propounded an unregistered Will left behind by late S.Kirpal Singh and applied for probate thereof in the High Court of Punjab and Haryana.
Originally, the suit properties stood in the name of Ishar Singh paternal grandfather of the appellant which was subsequently mutated in the name of his two sons, S.Hazara Singh and S.Kirpal Singh.
The High Court by the impugned order, relying on a decision of this Court in the case of Smt.
According to the appellant, the suit properties left behind by late S.Kirpal Singh were their ancestral properties.
Only a right of residence was given in favour of the widow of late S.Kirpal Singh and his unmarried daughter.
Late S.Kirpal Singh was the father of the appellant.
ORDER Delay companydoned.
Leave granted.
