MOHINDER SINGH Vs. CHANAN SINGH

JUDGEMENT

(1.) The plaintiffs-appellants have filed this appeal against the Judgment and decree passed by the Additional District Judge, Ludhiana, on 11th May, 1978.

(2.) The property which is the bone of contention between the parties once vested in Daya Singh who died sonless leaving his estate to his widows Biro and Premo for their lives, Premo transferred to her daughter's son Amar Singh the property of her share a gift deed which was challenged by Daya Singh collaterals by a suit for declaration that the transfer was opposed to custom. This suit was decreed on 31st March, 1910 in terms that the transfer would be ineffective against the reversionary rights of Chanan Singh and Kishan Singh, defendants after the death of Biro and Premo. Ind Kaur filed the suit from which the present appeal has arisen for possession of the estate of Daya Singh after the death of Biro who had survived Permo. The land measuring 127 Kanals 8 Marlas, detailed in the head-note of the plaint was mutated in the revenue record in favour of Chanan Singh and Krishan Singh, defendants, after Biro died on 10th August, 1952 on the assumption that this was Daya Singh's ancestral land. Ind Kaur's case was that at the suit property was Daya Singh's self acquired property of which she, being the daughter of Bairo, was a better heir entitled to inherit than the collaterals of Daya Singh. She pleaded that she could take advantage of the declaratory decree of 1910. Ind Kaur died during the pendency of the suit. Mohinder Singh and others, plaintiffs-appellants, are her legal representatives. The suit was resisted by Chanan Singh and Kishan Singh, defendants. The case of the defendants was that the property, in dispute, was Daya Singh's ancestral property and Ind Kaur could not, by any means, succeed to it.

(3.) On the pleadings of the parties, the following issues were framed:-