RSA Nos.2006, 1418 & 2176 of 2018 (O&M)

1

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH

1.

RSA No.2006 of 2018 (O&M)

Date of Decision:01.06.2020

Rajkumari Amrit Kaur

......Appellant(s)

Vs

Maharani Deepinder Kaur and others

....Respondent(s)

2.

RSA No.1418 of 2018 (O&M)

Maharani Deepinder Kaur and others

......Appellant(s)

Vs

Rajkumari Amrit Kaur and others

....Respondent(s)

3.

RSA No.2176 of 2018 (O&M)

Bharat Inder Singh (since deceased) though his LR Kanwar

Amarinder Singh Brar

......Appellant(s)

Vs

Maharwal Khewaji Trust through its Boards of Trustees and

others

....Respondent(s)

CORAM: HON'BLE MR. JUSTICE RAJ MOHAN SINGH

Present:

Mr. Manjit Singh Khaira, Sr. Advocate with

Mr. Balbir Singh Sewak, Advocate,

Mr. Dharminder Singh Randhawa, Advocate

Mr. Ripudaman Singh Sidhu, Advocate, and

Mr. Gagandeep Singh Mann, Special Attorney Holder

for the appellant in RSA No.2006 of 2018

for respondent No.1 in RSA No.1418 of 2018 and

for respondent No.6 in RSA No.2176 of 2018.

Mr. Ashok Aggarwal, Sr. Advocate with

Mr. Mukul Aggarwal, Advocate

Mr. N.S. Wahniwal, Advocate

for the appellants in RSA No.1418 of 2018

for respondents No.1, 2, 3(1), 3(2), 3(5) & 3(8) in

RSA No.2006 of 2018;

for respondents No.1(A), 1(B), 1(E), 1(F), 2 and 3 in

MOHMED ATIK

2020.06.01 13:37

I attest to the accuracy and

authenticity of this document

RSA Nos.2006, 1418 & 2176 of 2018 (O&M)

2

RSA No.2176 of 2018.

Mr. Vivek Bhandari, Advocate

for the appellant in RSA No.2176 of 2018

for respondent No.5(i) in RSA No.2006 of 2018 and

for respondent No.3(i) in RSA No.1418 of 2018.

Mr. Arun Jain, Senior Advocate with

Mr. Amit Jain, Advocate

respondent No.4 in RSA No.2176 of 2018.

****

Judgment Index

Sr.No.

Title/Sub-Titles

Para No.(s)

Page No.(s)

1

Common Facts

2 to 22

5-25

2

Issues framed by the Trial Court

23

25-28

3

Proceedings & outcome before

the Courts below

24 to 25

28-32

4

Nomenclature of the appeals in

the High Court

26 to 28

32-33

5

Brief background, originated from

Covenant

dated

05.05.1948

entered into between the Union of

India and Ruler of Faridkot State

29 to 34

33-36

6

Questions/Points framed by this

Court for consideration in all the

three appeals

35

36-37

7

Discussion/Arguments made by

the parties on 1^st Point regarding

applicability of The Raja of

Faridkot's Estate Act, 1948

36 to 39

(inclusive of

sub paras

based on

individual

arguments of

learned

counsel)

37-120

8

Conclusion on 1^st Point/Question

40-57

120-136

MOHMED ATIK

2020.06.01 13:37

I attest to the accuracy and

authenticity of this document

RSA Nos.2006, 1418 & 2176 of 2018 (O&M)

3

Sr.No.

Title/Sub-Titles

Para No.(s)

Page No.(s)

9

Discussion/Arguments made by

the parties on 2^nd Point regarding

applicability of The Law of

Primogeniture

(a)

Discussion and conclusion

regarding effect of judgment dated

22.07.1996 passed by the UK High Court

Justice, Chancery Division relating to

Faridkot Family Settlement Trust.

(b)

Discussion and conclusion

regarding effect of Will dated 27.01.1997

executed by Kanwar Manjit Inder Singh

(Brother of Raja).

58-61

62-67

68-77

136-159

159-163

164-173

10

Conclusion on 2^nd Point/Question

78-101

173-196

11

Discussion/Arguments made by

the parties on 3^rd Point regarding

Validity of Will dated 01.06.1982

executed by Raja Harinder Singh

and creation of Trust thereunder

102 to 105

(Inclusive of

sub paras

wherein

arguments

of the parties

are

separately

discussed

under

different

headings.

196-376

12

Conclusion on 3^rd Point/Question

106-190

376-462

13

Discussion/Argument made by

the parties on 4^th Point regarding

Maintainability of Civil Suit filed

by Kanwar Manjit Inder Singh.

191 to 198

462-471

14

Conclusion on 4^th Point/Question

199-200

471-472

15

Discussion/Conclusion on effect

of Will dated 29.03.1990 (Ex.D-10)

executed by Maharani Mohinder

Kaur

201-210

472-479

16

Point wise discussion on 5^th

Point/Question re: Maintainability

of Civi