KEHAR SINGH Vs. KAPUR SINGH

JUDGEMENT

(1.) The dispute out of which this appeal arises relates to a fairly large area of land situate in village Doda in Ferozepore District. The parties are Sidhu Jats and in order to understand the entire controversy it will be useful to have pedigree-table which is given below :-

(2.) Gajjan Singh who was the last maleholder of the land in suit died on 30th January 1951. After his death mutation with respect to his estate was sanctioned by the revenue authorities in favour of Kapur Singh defendant to the exclusion of the plaintiff who are the descendants of Jodh Singh from his wife Ram Kaur. The present suit for possession was filed on 18th March, 1953, for two-third share in the suit land on the ground that the parties had migrated from village Danewala, District Barnala (PEPSU) to village Doda and that they were governed by the customary law of village Danewala according to which the rule of Pagwand was followed and therefore with regard to the suit land also the same rule was applicable and the plaintiffs were entitled to succeed equally with the defendant. The defendant denied the allegation of the plaintiffs and pleaded that the parties were governed by the rule of Chundawand and that the descendants of Jodh Singh from his other wife Mano had formed one group and those from Ram Kaur, another group, with the result that the succession now was to be according to the rule of Chundawand. The following issues were framed :-

(3.) A decree was granted in favour of the plaintiffs on 26th August, 1953. The defendant appealed and the Additional District Judge framed a fresh issue on 26th December, 1953 to the following effect :-