Decided on September 11,1950

Mt. Sukhwant Kaur Appellant
S. Balwant Singh And Ors. Respondents


Kapur, J. - (1.) THIS is a Defendant's appeal against a judgment and decree of a learned Subordinate Judge, 1st class, of Amritsar. The dispute relates to property left by one Anup Singh and the contesting parties are collaterals of Anup Singh in the 12th degree and his sister Sm. Sukhwant Kaur. On 12 -10 -1926, Anup Singh died childless and without leaving any widow and was succeeded by his mother Kishan Kaur who on 26 -1 -1940 made a gift of the land to her daughter Sukhwant Kaur. Part of the land was exchanged by Sukhwant Kaur with Pal Singh Defendant. On 16 -5 -1940 Kishan Kaur died and on 17 -7 -1940 a mutation was effected in favour of Sukhwant Kaur, Ex.D. 2.
(2.) ON 26 -8 -1944 Plaintiffs, about 125 in number, brought a suit for possession on the allegation that the land was ancestral, that they were preferential heirs as against the sister and that there was no gift made by Kishan Kaur in favour of Sukhwant Kaur. They also applied for the suit being proceeded with under Order 1, Rule 8, Code of Civil Procedure, and this application was allowed on 22 -10 -1944. The defence was that the widow was the full owner and the gift made by her was valid that Sukhwant Kaur was the daughter of the penultimate holder, that in any case among the Nijjar Jats a sister was a preferential heir to the 12th degree collaterals and that there was no custom on this point which governed the parties, and therefore under Hindu law a sister was a better heir than the collaterals.
(3.) THE learned Judge held that the Plaintiffs were 12th degree collaterals of Anup Singh that the land was not proved to be ancestral that the Plaintiffs were preferential heirs to the sister and that Kishan Kaur, the mother of Anup Singh, did make a gift in favour of Sukhwant Kaur Defendant but it was not valid. Against this decree an appeal has been brought to this Court.;

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