Sarla Devi vs Satya Wati

T.H.B. Chalapathi, J.—This revision petition is filed against the order of the District Judge, Jalandhar in Civil Misc. Application No. 121 of 1996 dated 22.10.1997 confirming the order of the Sub Judge 1st Class, Jalandhar in Execution Application No. 21 of 1990 dated 5.12.1994.

In the suit for partition, a preliminary decree was passed on 3.2.1959. The same was confirmed by this Court. The matter was taken to Supreme Court in Civil Appeal No. 2587 of 1980 by one Baldev Krishan Singh, who was the predecessorintitle of the present petitioners. The Supreme Court directed that at the time of final decree, the house in which the appellant (Baldev Krishan Singh) is living situated in Khasra No. 4426/4249 of Nawan Shahar be allotted to his share as far as possible if it can be conveniently so allotted. In the Execution Application, the judgmentdebtors contended that the house should be allotted to the petitioners, who are the successorsin interest of Baldev Krishan Singh. The Executing Court ordered that the house and plots situated in Nawan Shahar be got evaluated from a value and the division of the said property be effected after the parties offer their preference for the allotment of the house as well as the plots and the final decree in regard to the agricultural land was passed by the Executing Court. The order of the Executing Court was confirmed by the Appellate Court. The main objection of the revisionpetitioners is that the final decree in regard to agricultural property should not have been passed without first allotting the house to the petitioners and the equity should be adjusted between the parties and while passing the final decree, all the properties belonging to the parties are to be partitioned.

There is no dispute that the Apex Court directed to allot the house property situated in Nawanshahar to the branch of Baldev Krishan Singh as far as possible if it is convenient. There is also no dispute that the house property situated at Nawan Shahar cannot be divided. The other agricultural properties have also been divided. Even the passing of final decree in regard to agricultural property cannot be found fault with. The only question is whether the houseproperty situated at Nawan Shahar can be allotted to the branch of Baldev Krishan Singh. It is not disputed before me that there are several abadi plots belonging to the family as per the affidavits of the parties submitted by them in the Supreme Court. In respect of the house at Nawanshahar and other abadi plots, no final decree has been passed as yet.

The learned Counsel appearing on both sides agree that the value of the abadi lands situated in village Langroya as well as at Nawanshahar be ascertained and after ascertaining the value of the remaining properties, the house property at Nawan Shahar may be allotted to the branch of Baldev Krishan Singh while the abadi lands be allotted to the branch of Jagdish Kumar, who is the predecessorintitle of respondents 1 to 7 keeping in view the shares of respondents 8 to 15. If the value of the houseproperty is more than the abadi plots, then the petitioners, who belong to the branch of Baldev Krishan Singh, can be directed to pay the difference in value to the respondents.

Accordingly, I direct the Executing Court to get the houseproperty and other abadi properties evaluated from a valuer and if the houseproperty can be allotted to the branch of Baldev Krishan Singh as per directions of the Supreme Court, the same may be allotted to the branch of Baldev Krishan Singh, If the value of the house is more than the abadi properties, the petitioners can be directed to pay the difference in value to the respondents. If the value of the houseproperty at Nawan Shahar is less than the abadi properties, the difference may be directed to be paid by the legal heirs of Jagdish Kumar Singh to make up the deficiency. These matters can be worked out by the Executing Court.

Subject to the above observations, the revision petition is disposed of.