JUG DEVI Vs. SHRI GANDHARAV SINGH

JUDGEMENT

(1.) THE present regular second appeal of the Defendant, under Section 100 of the Code of Civil Procedure, was admitted on the following substantial questions of law:

(2.) BRIEF facts giving rise to the appeal can be stated thus. Gandharv Singh Respondent herein, at the time of filing the suit was minor, therefore, it was filed through his maternal uncle Amin Chand seeking declaration qua the suit land that it being an ancestral property, its sale by Bhagat Ram his grand-father in favour of Jug Devi Defendant-Appellant is illegal and nonest against his right thus sought possession.

(3.) PLAINTIFF Gandharv Singh is admittedly the grandson of Bhagat Ram. His father Hardev Singh had died in the year 1985 and his mother PW4 Bimla Devi is Respondent in the present appeal. He challenged the sale of the suit land made in the year 1981 in favour of Smt. Jug Devi Defendant on the ground that it was ancestral property and the parties to the suit are governed by Kangra Agricultural Custom in the matter of alienation, i.e. no male holder can alienate the ancestral land without the consent of the male descendents. Therefore, the sale of the suit land in favour of Jug Devi is illegal and void.