UMAR KHAN Vs. SHEODAN

JUDGEMENT

(1.) This is defendant's regular second appeal against the judgment and decree dated 5.1.1985, passed by the learned Courts below, vide which the suit filed by the plaintiff/respondents for declaration and permanent injunction, was decreed.

(2.) The plaintiff/respondents filed a suit against the appellant/defendants, seeking declaration to the effect that the sale dated 27.1.1982 executed by defendant No. 1 in favour of defendant No. 2, was against the custom, thus, was null and void. This did not operate against the rights of inheritance of the plaintiff/respondents, and other reversioners. It was pleaded that one Najim Khan son of Tondu of village Utawar was owner in possession, of agricultural land bearing khewat No. 1255 khata No. 1372, rectangle No. 53 killa No. 24/2 rectangle No. 61, killa No. 15/2, rectangle No. 62 killa No. 2 to 9, 11, 12/1, 13/15, 16 rectangle No. 63 killa No. 1, 10, 11, 20 rectangle No. 1077, 1078, 1639 total measuring 130 kanals 1 marla situated within the revenue estate of village Utawar, Tehsil Hathin, District Faridabad.

(3.) It was the pleaded case of the plaintiffs, that Sabi Najim Khan belonged to Meo community, which was one of the major agricultural tribes of Gurgaon District. The community is governed by agricultural custom of old Punjab in the matter of succession, under which a widow can inherit life estate only. She also cannot transfer the land, without the consent of the male collaterals of her husband and that she forfeits her right, if she remains with another person, on her death or remarriage. The male collaterals of her husband inherit the land, whereas, daughters do not inherit it at all, irrespective of the fact whether the land is ancestral or non-ancestral.