1993 (8) TMI 290 - SC - Indian Laws

Summary

Issues Involved:
1. Rule of succession applicable to the State of Nabha.
2. Ownership of the property known as 'Sterling Castle.'
3. Applicability of the judgment of the Allahabad High Court as res judicata.
4. Ownership of House No. 34, Alipur Road, Civil Lines, Delhi.

Summary:

Issue 1: Rule of Succession Applicable to the State of Nabha
The rule of primogeniture was followed in the State of Nabha concerning succession to Chiefship or Gaddi. This rule implies that the eldest son inherits the Chiefship, while other sons receive maintenance through grants of jagir, land, or purse.

Issue 2: Ownership of 'Sterling Castle'
The property known as 'Sterling Castle' was purchased benami by Ripudaman Singh in the name of Dr. Tehl Singh due to restrictions imposed by the British Government on native rulers acquiring property in British India. The learned Single Judge concluded that the property was purchased benami by Ripudaman Singh and devolved on the entire joint family upon his death. However, the Division Bench reversed this judgment, holding that the plaintiffs failed to establish that 'Sterling Castle' was purchased benami from Ripudaman Singh's personal funds, resulting in the dismissal of the suit.

Issue 3: Applicability of the Judgment of the Allahabad High Court as Res Judicata
The judgment of the Allahabad High Court does not constitute res judicata in this case. The Allahabad High Court's judgment related to a commoner (Ripudaman Singh after being deposed) and dealt with the succession of his estate in 1942 under Mitakshara Law. The facts and applicable law in the current case are different, and thus, the Allahabad High Court's judgment is not binding.

Issue 4: Ownership of House No. 34, Alipur Road, Civil Lines, Delhi
The property at 34, Alipur Road was purchased benami in the name of Gurnarain Singh Gill by Ripudaman Singh. The learned Single Judge held that the property was the property of Nabha State, not Ripudaman Singh's personal property. The Division Bench upheld this finding, concluding that the property belonged to Nabha State and not Ripudaman Singh. The evidence showed that the property was treated as belonging to Nabha State from the date of purchase, and the relinquishment deed executed by Gurnarain Singh Gill in favor of Nabha State further confirmed this.

Conclusion:
In Civil Appeal No. 1208 of 1990, the appeal was dismissed, affirming that 'Sterling Castle' was not the personal property of Ripudaman Singh but belonged to Nabha State. In Civil Appeal No. 5857 of 1983, the appeal was allowed, confirming that House No. 34, Alipur Road was the property of Nabha State and not Ripudaman Singh's personal property.