BANSO Vs. CHARAN SINGH

JUDGEMENT

(1.) This is a Regular Second Appeal preferred by the defendants from the judgment and decree of the Additional District Judge, Amritsar, The plaintiffs in this case are filth degree collaterals of one Banta Singh, who died long time ago leaving As Kaur, defendant No. 1, as his widow and defendants Nos. 2 to 4, as his daughters.

(2.) On 17th April 1954 As Kaur, widow of Banta Singh deceased, executed a registered deed, a gift, in favour of defendants Nos. 2, to 4 of the entire ancestral and nun-ancestral properly left by her deceased husband. The present suit was brought by the plaintiffs seeking a declaration in respect of the land and houses as detailed in the plaint that the deed of gift executed by defendant No. 1 in favour of the 3 daughters was void and inoperative against the plaintiffs-reversioners' interests after the death or remarriage of As Kaur. It was claimed that the parties were governed by the Customary Law of Punjab and after the death of defendant No. 1, the plaintiffs would be entitled to the possession of the said property. The suit was instituted on 1st February 1955 before the enactment of the Hindu Succession Act No. 30 of 1956, which became the law on 17th June 1956. The suit was contested by defendants Nos. 2 to 4, the donees under the deed of gift. The nature of their pleas appears from the following issues framed by the trial Court :

(3.) Whether property in suit is ancestral qua the plaintiffs and Banta Singh deceased?