IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Regular Second Appeal No.4519 of 2005 Date of decision: 21st November, 2008 Karan Amol Singh … Appellant Versus Smt. Bibi Nitu and others … Respondents CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. Mohinderjit Singh Sethi, Senior Advocate with Mr. Amit Sethi, Advocate for the appellant. Mr. C.B. Goel, Advocate for the respondents. KANWALJIT SINGH AHLUWALIA, J. (ORAL) Karan Amol Singh son of Tikka Rattan Amol Singh of Buria, resident of House No.3, Dharam Marg, Chankiya Puri, New Delhi instituted a suit seeking permanent injunction restraining the defendants, Smt.Bibi Nitu, Smt.Bibi Pai, Smt.Bibi Margret and Smt.Rattan Amol Kaur daughter of S.Lachhman Singh from alienating in any manner, the Quilla Mubarak or any part thereof, including the vacant space attached with the Quilla Mubarak as its compound and garden, situated in Buria, Tehsil Jagadhari, District Yamunanagar under Order 7 Rule 1 CPC. The suit was decreed by the trial Court. Against the same, an appeal was filed by the defendant Nos. 1 to 3. The lower appellate Court partly accepted the appeal and held as under: “20. … … … … Resultantly, the suit of the respondent/ plaintiff is partly decreed to the effect that appellants/ defendants are permanently restrained from alienating the suit property till validity and legality of registered Will Ex.D-2 dated 11.7.1980 executed by the father of the Regular Second Appeal No. 4519 of 2005 parties in favour of the appellants is decided by the Court of competent jurisdiction. However, keeping in view the peculiar circumstances of the case, there is no order as to costs. Decree sheet be prepared accordingly. Lower Court record be sent back and appeal file be consigned to the record room.” Mr.Sethi, relying upon a Division Bench judgment of this Court, rendered in Karan Amol Singh v. Captain Tikka Rattan Amol Singh, 1965 Current Law Journal, 752, has stated that a Division Bench of this Court has held that Jagir property in question is both inalienable impartible and succession to it is governed by the rule of primogeniture. Therefore, Mr.Sethi states that no Will could be made by Tikka Rattan Amol Singh. Lower appellate Court has held that registered Will (Ex.D-2) dated 11th July, 1980 is subject matter of another suit. Parties are in agreement that in that suit validity and legality of the Will can be determined and parties can rely upon the judgment rendered in Karan Amol Singh’s case (supra) in that suit. It is made clear that till the validity and legality of the Will is determined by the Court of law, the suit property shall not be alienated. With these modifications present appeal is disposed off. [KANWALJIT SINGH AHLUWALIA] JUDGE November 21, 2008 rps 2