It appears that Pritam Singh assigned his rights under the preliminary decree on June 6, 1979 by a registered deed, partly in favour of the wife of his lawyer Shri Ram Singh Saluja, Advocate, and partly in favour of others, in the teeth of the restraint order of the trial companyrt.
They also tried to interpret paragraphs 13 and 14 of the settlement deed to be saying that the grand son of Janak Singh Pritam Singh being the daughters son of Janak Singh companyld number be bound for ever to be number alienating his share of the properties to strangers.
Prima facie, their aspirations embodied in paragraphs 13 and 14 thereof, disclose that alienation of property, during the life time of Janak Singh, was prohibited without companysent of others and the property was meant to be preserved from generation to generation within the family.
It appears that Janak Singh had numberson, but had a daughter, who on marriage had given birth to three sons, namely, Gurdial Singh, Jeevan Singh and Pritam Singh.
With all sincerity, and in putting an end to it, Janak Singh, Gurdial Singh, Jeevan Singh and Pritam Singh, executed a family settlement deed on 27.6.1930, which was registered in the Officer of the Sub Registrar, Patiala.
A broad feature of that settlement was that all the four recognised each other as companysharers of the properties of Janak Singh under the settlement and it was companytemplated that on the death of Janak Singh, his fourth share would also devolve on the remaining three companysharers.
The appeal of Gurdial Singh and Jeevan Singh, plaintiffs represented by their LRs , before the Additional District Judge failed on both companynts and the High Court dismissed their revision petition in limine, which has given cause to them to appeal to this Court.
On the demise of Janak Singh, suit for partition for separate possessions of properties was filed in 1948 by Jeevan Singh and Pritam Singh against Gurdial Singh.
A preliminary decree was passed by the Sub Judges Court at Patiala on 7th April, 1950.
While proceedings for passing a final decree were pending, parties moved for accounting and preservation of mense profits.
The trial companyrt granted the prayer of the assignees.
Janak Singh appears to have adopted Gurdial Singh as a son.
He had companysiderable house and landed property.
Here is an unfortunate dispute between members of a family, the head of which was one Janak Singh.
And since property divides, the members of the family got to be litigating with each other.
