CHANDERPATI Vs. MAUNI DEAD

JUDGEMENT

(1.) THIS judgment shall dispose of two regular second appeals bearing Nos. 387 and 388 of 1986, as these arise out of judgment of Additional District Judge dated 30. 11. 1985. Facts have been taken from the regular second appeal No. 387 of 1986.

(2.) THIS is regular second appeal against the concurrent findings of the Courts below.

(3.) THE contesting defendants in their written statement admitted karewa marriage of Smt. Parsani with Nanha after the death of Phulla. They further pleaded special custom to be prevalent amongst Jats of village Kandela and as per this custom Smt. Parsani did not forfeit her right in the property left behind by Phulla even on account of her karewa marriage with Nanha. In the alternative it was pleaded that she did not forfeit her rights and so continues to be in possession of the property as owner thereof. It was further averred that it was self-acquired property of Phulla. Possession of Nanha or of Sandokhi over the suit land at any stage was denied. In the alternative it was pleaded that in case Smt. Parsani is held to have lost her rights in view of the special custom prevalent in the State of Jind, since she had remained in possession, the same has perfected into ownership, being in her possession for more than 12 years and so on this account also suit merits dismissal.