JARNAIL SINGH Vs. NARAIN SINGH

JUDGEMENT

(1.) This is defendant's second appeal against whom the suit for possession of the agricultural land has been decreed by both the Courts below:

(2.) The plaintiffs brought the suit for possession of the half share of the land measuring 93 kanals 17 marlas against Jarnail Singh defendant-appellant, on the allegation that Bhan Singh and Dan Singh were the co-owners of 93 kanals 17 marlas of land. The said Bhan Singh together with Kalyan Singh, Hainam Kaur, Dan Singh and Narain Singh, plaintiff, owned 94 kanals 3 marlas of land specified in paragraph 3 of the plaint. Kalyan Singh and Harnam Kaur expired. Narain Singh, plaintiff, got their inheritance. On the demise of Dan Singh one Mst. Panna describing herself as the widow of Dan Singh, deceased, got his land mutated in her favour which led the plaintiffs to file a suit against her which was dismissed by the trial Court. On appeal being filed a compromise was arrived at therein. Mst. Panna delivered possession of the land to the plaintiffs admitting that they were the heirs of Dan Singh. The plaintiffs were the heirs within the fifth degree of Bhan Singh who passed away on Feb. 8, 1967, and were thus, entitled to inherit him. The alleged will by Bhan Singh in favour of Jarnial Singh, appellant was a fictitious document and that the mutation sanctioned on ifs basic was not binding on the reversionary rights of the plaintiffs. The suit was contested inter alia on the ground that the will in favour of the defendant by Bhan Singh, testator and the mutation sanctioned n it basis were valid. On the pleadings of the parties the trail Court framed the following issues:

(3.) Whether the parties were governed by custom in matters of alienations?