CHAND SINGH Vs. SHRIMATI IND KAUR AND OTHERS

JUDGEMENT

(1.) THE suit, which culminated in the second appeal, was instituted by Chanda Singh for possession of land, measuring 16 Bighas 9 Biswas 2 Biswansis, described in the heading of the plaint (hereinafter called the land) and for recovery of Rs. 960.38, against the defendant -respondents.

(2.) THE case of Chanda Singh was that Kola Singh and Dola Singh owned land, measuring 34 Bighas 19 Biswas 2 Biswansis, in equal shares. Kola Singh and Dola Singh were real brothers. On 6th July, 1910, Kola Singh sold one -half of the said land, that is, 17 Bighas 9 Biswas 11 Biswansis, to Ram Singh, who was father of Ind Kaur, for Rs. 800/ -. Ram Singh sold one -half of the said purchased land, to Smt. Basanti and Harlal Singh deceased who was father of Smt. Dial Kaur, Jito and Bachni, respondents. Thereafter, Ram Singh and Harlal Singh sold some of that land in favour of Dola Singh. Smt. Basanti pre -empted the said sale and become its owner. Chanda Singh impeached the original sale of the land made by Kola Singh in favour of Ram Singh, under custom. He succeeded in obtaining the declaratory decree to the effect that the said sale would not effect his reversionary rights after the death of Kola Singh. Smt. Basanti was one of the defendants in the said suit and she preferred an appeal against the declaratory decree granted to Chanda Singh. Her appeal was dismissed on 25th February, 1920. She preferred second appeal to the High Court where the aforesaid declaratory decree was upheld on 9th March, 1923, though with modification that the sale would not affect the reversionary rights of Chanda Singh except to the extent of Rs. 475/ -. Ram Singh died leaving behind Smt. Nihali and she to died leaving behind her daughter Ind Kaur. Smt. Basanti too died leaving behind Harlal Singh as her heir and he too died leaving behind Smt. Dial Kaur, Smt. Jito and Smt. Bachni, who are his daughters.

(3.) THE trial Court decided issue No. 3 against the defendants and findings issue Nos. 1 and 2 in favour of the plaintiff, decreed the suit in his favour. Aggrieved by the said decree, the defendants went in appeal which was allowed mainly because of the coming in force of the Punjab Custom (Power to Contest) Amendment Act, 1973, (Punjab Act 12 of 1973, hereinafter called the Amending Act) and the suit was dismissed. Dissatisfied with the said result, Chanda Singh has come to this Court in second appeal. I have heard the arguments.