GULKANDI Vs. DHIKKAL AND ORS.

JUDGEMENT

(1.) Plaintiffs Dhikkal daughter of Giasi (defendant) and Mukandi son of Maha Sukh filed the suit claiming the relief as follows: -

(2.) Plaintiffs further alleged that the parties belong to' Jat' tribe (sic community) and in the matter of alienation are governed by agricultural custom, according to which, ancestral property could not be alienated without consideration and legal necessity and could not be transferred by gift. The alienation by decree dated 01.09.1976 is null and void being against the custom amongst Jats.

(3.) Defendant No. 2 contested the claim of plaintiffs, inter -alia pleading that the suit is barred by limitation and plaintiffs have no locus standi to file the present suit. While plaintiff No. 1 being female was not a reversioner and plaintiff No. 2 is not related to defendant No. 1. Plaintiffs have no common cause as such, could not file a joint suit. The decree dated 01.09.1976 binds defendant No. 1 and also the plaintiffs. All the other averments in the plaint including that the parties were governed by agricultural custom, were denied. It was alleged that the parties are Hindu and are governed by Hindu law.