AMAR SINGH Vs. DEVKI DEVI

JUDGEMENT

(1.) This second appeal has been filed by plaintiffs who are aggrieved by the judgment of reversal. Suit for declaration filed by the plaintiffs was decreed by the trial court and the appeal filed by the defendants stands allowed resulting in the dismissal of the suit. Parties hereinafter in this judgment shall be referred to as the plaintiffs and the defendants. One Kishan Dayal was admittedly the owner of the suit property and is said to have died in the year 1982. He left behind Amar Singh, Prem Singh as his sons who are the plaintiffs before this court and Smt. Devki Devi widow, who is defendant No. 1.

(2.) Before his death Kishan Dayal executed a will which is dated 18th August, 1981 and is placed on record as Ext. PW4/A. In the said will the property held by him was willed in favour of the plaintiffs as well as defendant No. 1. It was, however, stipulated that the widow Devki Devi shall be limited owner and further shall have no right to alienate her share in the suit land.

(3.) Devki Devi defendant No. 1 gifted her share in the suit land in favour of one Amin Chand who has been impleaded by the plaintiffs as defendant No. 2. This gift deed is dated 25th March, 1986 and has been challenged by the plaintiffs that defendant No. 1 was incompetent to gift this land in favour of Amin Chand as she was only a limited owner and got her rights under the will from her deceased husband Kishan Dayal. The property was said to be ancestral qua the plaintiffs and defendant No. 1 and it was further pleaded that the parties are governed by the custom in the matter of succession in alienation. The gift has been challenged by the plaintiffs as not binding on their reversionary rights to succeed the share of defendant No. 1 after her death.