The 64-page judgement was pronounced by Additional Civil Judge (Senior Division) Amrinder Singh Shergill on August 16, but its copy has been made available on Saturday.
The judgement came on a civil suit filed by Tikka Shatrujit Singh against his father Maharaja Brigadier Sukhjit Singh in 2002. The plaintiff Tikka claimed himself as owner in possession of the Jallow Khanna complex on the basis of a royal edict and also sought a permanent injunction restraining his father from selling the Jallow Khanna and also sought the setting aside of the power attorneys, agreements to sell and sale deeds executed by Maharaja Kapurthala himself and through his attorneys.
The court also directed Brigadier Sukhjit Singh and other 73 defendants to restore the original position of the Jallow Khanna to the maximum possible extent by removing all the encroachments of any nature over the property to preserve its historical and respectful place as per the law contained in the Shahi Farman dated 20 Magh Samvat 1981 that is on February 13, 1925.
The judge also declared Brigadier Sukhjit Singh a limited owner of the Jallow Khanna complex during his lifetime as per the royal ‘farman’ issued by Maharaja Jagatjit Singh.
Shergill further held that Maharaja Sukhjit Singh, being a limited owner, has got no right to sell any portion of the Jallow Khanna claiming it as his absolute property which is against the spirit of the royal edict.
The court issued directions to remove all the structures raised by over 60 persons on the portions sold by Brigadier Sukhjit Singh. The court further stated that the purchasers can recover the money from the vendors by filing separate suits in the due course of law.
Located in the heart of Kapurthala city, the current value of Jallow Khanna complex is not less than Rs 50 crore.
In the shahi farman, Maharaja Jagatjit Singh had bestowed distinct status to the Jallow Khanna complex from his other private properties, keeping in view its historic character and respect connected to it.
Further, he also ordained in the farman that each succeeding heir would become the owner in possession of this complex so that the lamp of the Ahluwalia dynasty was lit in this structure perpetually.
Maharaja Kapurthala got the Jallow Khanna complex vacated from Punjab government after fighting a legal battle right up to the Supreme Court and started selling the said complex through the power of attorneys and agreements.
The direction issued on case filed by Tikka Shatrujit Singh against his father Maharaja Brigadier Sukhjit Singh (retired), Jallow Khanna was once the residence of Nawab Jassa Singh Ahluwalia, the founder of the erstwhile princely state of Kapurthala.
Dharmendra Joshi, Tribune News Service, Jalandhar, October 3