(O&M) Santokh Singh Etc vs Jagir Singh Etc
2023 Latest Caselaw 5618 P&H

Neutral Citation No.2023:PHHC:060219

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
207/2 RSA-1070-1990 (O&M)
DATE OF DECISION: 27.04.2023
SANTOKH SINGH AND ORS. ... Appellant (s)
Versus

JAGIR SINGH AND ORS. ... Respondent(s)

CORAM: HON'BLE MR. JUSTICE ANUPINDER SINGH GREWAL

Present: Mr. Vidul Kapoor, Advocate and
Ms. Gauri Handa, Advocate for the appellants.

Mr. Hemant Sareen, Advocate
for the respondents.

ANUPINDER SINGH GREWAL, J. (ORAL)

Learned counsel for the parties are ad idem that the decree obtained by the appellant on 04.04.1945 under the customary law would be ineffective and unenforceable in view of the law laid down by the Supreme Court in the case of Baldev Singh and another Vs. Makhan Singh and others, 2012 SCC (online) P&H 17458 and the judgments passed by the Division Bench of this Court in the case of Kamakar Singh and others Vs. Didar Singh and others, 2010(2) ILR P&H 772 and Ujagar Singh Vs. Badan Singh and others, 2011 (1) PLR 139, wherein it has been held that only the decrees which have been obtained after the 1973 Amendment Act would be enforceable.

In view of the above, the appeal stands allowed.

(ANUPINDER SINGH GREWAL) JUDGE 27.04.2023

SwarnjitS Whether speaking/reasoned : Yes /No Whether reportable : Yes/No

SWARN JIT SINGH 2023.04.27 16:17

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