BALWANT SINGH Vs. BALDEV SINGH AND ANR.

JUDGEMENT

(1.) MST . Bhagwan Kaur daughter of Sapuran Singh of Bhawanigarh sold 2 bighas 15 biswas of her land to Rulia Singh, father of Balwant Singh Petitioner, for Rs. 192/8/ with the sanction of the Collector for laying a garden. Baldev Singh and Sukhdev Singh respondents, her minor sons through the guardianship of their father, Mukand Singh, instituted the present suit on 24th Magher, 2003, for a declaration that the sale would not affect their reversionary rights after the death of the alienor. In the plaint it was alleged that Mst. Bhagwan Kaur had got the land in dispute by way of gift from her mother, Mst. Mehtab Kaur, and that she had no right to alienate it without necessity. The Defendant contested the suit on various grounds. The trial Sub -Judge decreed the suit holding that the land in the hands of Mst. Bhagwan Kaur was ancestral qua her sons and that no necessity for the alienation had been proved. On defendant's appeal, the learned Additional District Judge, Sangrur, concurred with the findings of the trial Sub -Judge and dismissed the appeal. The vendee has come to this Court in revision.

(2.) AFTER going through the record and hearing the counsel of the parties at some length I am constrained to observe that the Courts below have approached either of the two main points involved in the case from a wrong angle and, therefore, have arrived at wrong conclusions. The alienation was by a female and for that reason it was not necessary to see whether the property in her hands was ancestral. The main question was as to how the property devolved upon Mst. Bhagwan Kaur from her mother, Mst. Mehtab Kaur, and what was the nature of the estate of the former.

(3.) IN the result this petition is accepted with costs, the decree of the District Judge set aside and the Suit dismissed.