BISHEN SINGH Vs. KISHNO

JUDGEMENT

(1.) THIS is an application for leave to appeal to the Supreme Court under Sections 109 (c), 110 and Order XLV, Rule 3 of the Code of Civil Procedure.

(2.) THE relationship of the parties will be clear from the following pedigree-table: mangal _________________________|__________________________________ | | | | soma daulu Karman Dharman ______|_______ | | | diwana bhag Mal Lara | | | sidhu sudha Bagha | | | bhagwan=mt. Kishno (deft. 1)Maghi Sunder | | ___|_____ dr. Hardit Kaur (deft. 2)Harnam Singh | | bishan Singh Ram Ditta (plaintiff) | pritam Singh (plaintiff ).

(3.) DEFENDANT No. 1, Kishno is the widow of Sardar Sahib Bhagwan Singh. She held the land, the house and the vacant site in dispute as the widow of Bhagwan Singh. On the 13th June 1946 she made a Will bequeathing the whole of her property in favour of her daughter Dr. Hardit Kaur, defendant No. 2, and then made a gift in her favour on the 23rd September, 1949. On the 29th november 1949, Bishan Singh and others collaterals of the fifth degree brought a suit to challenge the alienations alleging that the property in dispute is ancestral qua them, and that under custom Mt. Kishno could not make a Will or gift in favour of her daughter, defendant No. 2. They ask-ed for a declaration that these alienations will not affect their reversionary rights.