IMAM DIN Vs. MT SAID BIBI

JUDGEMENT

(1.) This is an appeal from a judgment and decree of the High Court of Judicature, Lahore, dated 30 January 1936; which reversed a judgment and decree of the Court of the District Judge, Lyallpur, dated 19 June 1935, which modified a judgment and decree of the Court of the Subordinate Judge, Sheikhupura, dated 20th June 1934.

(2.) In the suit, commenced in January 1933 out of which this appeal arises the present appellant, who was the plaintiff and will generally be so referred to, prayed for a declaratory decree to the effect that the alienation by gift in respect of land measuring 1744 kanals and 12 marlas entered in the khewat therein mentioned situated in the area of Khanpur Nahipur, effected by Mt Bibi the original defendant 1 in favour of her three daughters defendants 2, 3 and 4, and Ghulam Mohammad defendant 5 and the alienation of his fourth share by defendant 5 in favour of Mohammad Hussain defendant 6 were ineffective null and void as against the reversionary rights of the plaintiff after the death of Mt. Bibi.

(3.) The relationship of the parties appears from the following pedigree : The parties are Jat Viraks and are governed by the general customary law of the Punjab. It is conceded on behalf of the respondents that the customs by which the parties are governed would preclude the alienation of ancestral property otherwise than for necessity or with the requisite consents. It appears from the above pedigree, and the fact was not disputed, that the common ancestor of the parties was Ikhtayar Mohammad, and accordingly, in order to establish that the land in suit is ancestral as between the plaintiff and the defendants, it must be shown that it was inherited from Ikhtayar Mohammad. It also appears from the above pedigree that Ghulam Mohammad is a nearer reversioner to Mt. Bibi than the plaintiff.