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 1 of 547 ::: Downloaded on - 11-06-2020 14:06:01 ::: 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 24 to 25 28-32 the Courts below 4 Nomenclature of the appeals in 26 to 28 32-33 the High Court 5 Brief background, originated from 29 to 34 33-36 Covenant dated 05.05.1948 entered into between the Union of India and Ruler of Faridkot State 6 Questions/Points framed by this 35 36-37 Court for consideration in all the three appeals 7 Discussion/Arguments made by 36 to 39 37-120 the parties on 1st Point regarding (inclusive of sub paras applicability of The Raja of based on Faridkot's Estate Act, 1948 individual arguments of learned counsel) 8 Conclusion on 1st Point/Question 40-57 120-136 2 of 547 ::: Downloaded on - 11-06-2020 14:06:01 ::: 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 58-61 136-159 the parties on 2nd Point regarding applicability of The Law of Primogeniture (a) Discussion and conclusion regarding effect of judgment dated 62-67 159-163 22.07.1996 passed by the UK High Court Justice, Chancery Division relating to Faridkot Family Settlement Trust. (b) Discussion and conclusion 68-77 164-173 regarding effect of Will dated 27.01.1997 executed by Kanwar Manjit Inder Singh (Brother of Raja). 10 Conclusion on 2nd Point/Question 78-101 173-196 11 Discussion/Arguments made by 102 to 105 196-376 the parties on 3rd Point regarding (Inclusive of Validity of Will dated 01.06.1982 sub paras wherein executed by Raja Harinder Singh arguments and creation of Trust thereunder of the parties are separately discussed under different headings. 12 Conclusion on 3rd Point/Question 106-190 376-462 13 Discussion/Argument made by 191 to 198 462-471 the parties on 4th Point regarding Maintainability of Civil Suit filed by Kanwar Manjit Inder Singh. 14 Conclusion on 4th Point/Question 199-200 471-472 15 Discussion/Conclusion on effect 201-210 472-479 of Will dated 29.03.1990 (Ex.D-10) executed by Maharani Mohinder Kaur 16 Point wise discussion on 5th 211 479-480 Point/Question re: Maintainability of Civil Suit filed by the plaintiff Rajkumari Amrit Kaur. 3 of 547 ::: Downloaded on - 11-06-2020 14:06:01 ::: RSA Nos.2006, 1418 & 2176 of 2018 (O&M) 4 Sr.No. Title/Sub-Titles Para No.(s) Page No.(s) 17 Discussion/Argument regarding: 212 & 213 480-506 (a) Court Fee (b) Section 34 of Specific Relief Act Conclusion on (a) and (b) 214 to 218 506-509 18 Discussion/Argument regarding: (c) Non-joinder and mis-joinder of 219 & 220 509-516 necessary parties. Conclusion 221 516-518 19 Discussion/Argument regarding: 222 & 223 518-520 (d) Relief beyond pleadings Conclusion 224 520 20 Discussion/Argument regarding: (e) Assignment of right by the plaintiff 225 520-523 in favour of 3rd party Conclusion 226 & 227 523-524 21 Discussion/Argument regarding: (f) Limitation to challenge the Will 228 to 230 524-539 dated 01.06.1982 Conclusion 231 539-540 22 Discussion/Argument regarding: (g) Limitation with regard to the 232 & 233 540-544 filing of court fee Conclusion 234 544-545 23 Overall conclusion 235 to 238 545-547 RAJ MOHAN SINGH, J. [1]. Vide this common judgment RSA Nos.2006, 1418 and 2176 of 2018 (O&M) are being decided. Since the dispute relates to the succession of Late Maharaja Colonel Sir Harinder Singh Brar Bans Bahadur KCIS Ex.-Ruler of former Faridkot State, therefore, for the sake of brevity common facts are being noticed. 4 of 547 ::: Downloaded on - 11-06-2020 14:06:01 ::: RSA Nos.2006, 1418 & 2176 of 2018 (O&M) 5 Facts [2]. Late Maharaja Colonel Sir Harinder Singh Brar was the last ruler of the former Faridkot State. He was born on 29.01.1915 and was the eldest son of Maharaja H.S. Farjand-i- Saddat-Nishan Hazrat-i-Kesar-i-Hind Maharaja Brij Inder Singh Brar Bans Bahadur Raja of Faridkot. Raja Harinder Singh Brar died on 16.10.1989. His only son Tikka Harmohinder Singh died on 13.10.1981. Raja Harinder Singh Brar was survived by three daughters namely Rajkumari Amrit Kaur, Rajkumari Deepinder Kaur and Rajkumari Mahipinder Kaur. Father of Raja Harinder Singh Brar i.e. Maharaja Brij Inder Singh died in the year 1918. He was survived by his widow Maharani Mohinder Kaur, Raja Harinder Singh Brar and Kanwar Manjit Inder Singh. Raja Harinder Singh Brar succeeded by his three daughters as his son Tikka Harmohinder Singh had died earlier to his death. Kanwar Manjit Inder Singh was succeeded by Tikka Bharat Inder Singh, Rajkumari Devinder Kaur and thereafter Rajkumari Heminder Kaur. Wife of Raja Harinder Singh Brar had died during his life time, however she was alive on 01.06.1982 i.e. the date on which Raja Harinder Singh Brar is purported to have executed the alleged Will. Raja Harinder Singh Brar died on 16.10.1989 in Batra Hospital at Delhi. His dead body was brought to Faridkot and was cremated on 17.10.1989 with royal 5 of 547 ::: Downloaded on - 11-06-2020 14:06:01 ::: RSA Nos.2006, 1418 & 2176 of 2018 (O&M) 6 family traditions in Shahi Samadhan. [3]. On 20.10.1989, Board of Trustees and Executors assembled in the Palace known as Moti Mahal Qila Mubarik, Faridkot, where Sardar Umrao Singh Dhaliwal read over the contents of Will in the presence of Board of Trustees and Executors. Under the aforesaid Will, all the concerned persons are alleged to have occupied the position with which they were invested under the said Will. They passed resolution No.1 dated 20.10.1989. Board of Trustees alleged to have taken possession, control and management of the entire estate of deceased Raja Harinder Singh Brar with the assent of the Executors. The properties located in various revenue estates were mutated in the name of the Trust and the urban properties were also transferred in the name of the Trust. [4]. Last rites of Raja Harinder Singh Brar were performed on 26.10.1989 in Qila Mubarik, Faridkot, where Sardar Karnail Singh Doad proclaimed in the huge gathering that late Raja Harinder Singh Brar had executed a registered Will dated 01.06.1982, thereby bequeathing his entire properties in favour of Trust known as Maharwal Khewaji Trust with definite Board of Trustees for the benefit of public at large. [5]. On 14.10.1992, Rajkumari Amrit Kaur filed a suit for 6 of 547 ::: Downloaded on - 11-06-2020 14:06:01 ::: RSA Nos.2006, 1418 & 2176 of 2018 (O&M) 7 declaration that she is owner of 1/3rd share in the property as shown in the headnote of the plaint along with consequential relief of joint possession with defendants No.1 and 2. She further sought relief of injunction restraining the defendants from alienating the suit property by way of mortgage and exchange etc. At a subsequent stage, she also challenged the Will by way of amendment and in alternative prayer, claimed ownership of entire estate left by the deceased Raja Harinder Singh Brar on the basis of The Raja of Faridkot's Estate Act, 1948. The second suit was filed by Kanwar Manjit Inder Singh through LRs seeking inheritance of entire estate of deceased Raja Harinder Singh on the basis of Rule of Primogeniture, besides challenging the Will dated 01.06.1982 being null and void.