MST. ASSO Vs. TARA SINGH AND OTHERS

JUDGEMENT

(1.) THE facts giving rise to this second appeal are these Norang Singh owned 77 bighas and 3 biswas of land situated in the area of Barnala. He died issueless leaving behind two widows named Asso and Kishno who succeeded to the land on the usual widow's tenures under customary law but gifted the name to their husband's sister's son Piara Singh on the 7th of April, 1919, through a registered gift deed, a copy of which is Exhibit P. 1. Chanan Singh defendant No. 3, a collateral of Norang Singh, obtained a decree declaring that the gift was invalid qua his reversionary rights and would not be binding on him after the death of the two widows. Subsequently Kishno died -

(2.) IN the year 1964 Piara Singh died without leaving behind any issue or widow and the revenue authorities mutated the land in favour of his collaterals and nearest heirs Tara Singh and Pritam Singh defendants Nos. 1 and 2 respectively. Asso, the surviving widow then filed a suit praying for a declaration that she was the owner of the land which reverted to her on extinction of Piara Singh donee's line according to the custom by which the parties were governed Jangir Singh defendant No. 4 was impleaded in the suit as he was in occupation of the land as a tenant. A declaration was sought against him also, it being to the effect that he was a tenant under the plaintiff who was entitled to recover rent from him.

(3.) THE parties went to trial on the following issues: