ISMAIL Vs. HAJRA

JUDGEMENT

(1.) THIS petition has arisen out of the order dated 26.7.2008 passed by the learned Additional District Judge, Nuh, accepting the appeal filed by the defendant-respondent (herein referred as 'the defendant') against the order dated 26.10.2006 passed by the Civil Judge (Jr. Division), Ferozepur, Jhirka, and dismissing the application of the plaintiff-petitioner (herein referred as 'the plaintiff') for grant of injunction.

(2.) THE brief resume of facts is that the defendant is the widow of late Samsuddin son of Ishak and the plaintiff-Sher Khan (now deceased represented by the petitioners) was the real brother of late Samsuddin. They are Meos by caste and agriculturists by profession. They are dominant agricultural tribe of erstwhile State of Punjab and Haryana and are governed by the customary law. The pedigree table, for convenience is as under :- See Table 203863

(3.) THE main controversy involved in the present petition is as to whether a limited owner under the customary law had the right to alienate the same and whether the plaintiffs could file the suit for injunction during the life time of the widow ?