(1.) THIS second appeal is by the defendants. They have failed in both the Courts below. The plaintiffs' suit has been decreed.
(2.) PLAINTIFF, Mst. Mamo, is the daughter of the last maleholder Chanan. On chanan's death, his widow, Mst. Badamo, succeeded to his estate. Mst. Badamo remarried. On her remarriage, the last maleholder's daughter, Mst. Mamo, succeeded inasmuch as the mutation was sanctioned in her name. It appears that the fifth degree collaterals of the last male-holder, who are the defendants, had taken possession of the land. This led to the present suit by the plaintiff, daughter of the last maleholder. The suit is for possession. In defence, the following pleas have been raised:--
(3.) THE trial Court held that the parties were governed by custom; that the land was non-ancestral; that the defendants had failed to prove their adverse possession and the suit was within limitation. It was further held that according to the rule of custom, daughter was a preferential heir to the non-ancestral property of the father. Accordingly the suit for possession was decreed. The defendants appealed to the District Judge, Sangrur. The appeal was heard and disposed of by the Additional District Judge.