KHUSHI RAM Vs. JAGDIP SINGH

JUDGEMENT

(1.) THIS is a second appeal by two plaintiffs who have failed in both the Courts below in a suit instituted by them to challenge the sale by a widow Mst. Attri of occupancy rights in certain land and a house in favour of the contesting defendant Jagdip Singh who is the owner of the land. The plaintiffs claimed as reversioners of Mst. Attri under Section 59 of the Punjab Tenancy Act regarding the land, and as heirs of Wazira, the deceased husband of Mst. Attri, regarding the house, and they claimed possession of the property in suit or in the alternative a declaration that the alienation would not affect their reversionary rights after the death or re-marriage of Mst. Attri. The common ancestor in this case was Hoshnaki who was the great grandfather of the plaintiffs and the grandfather of Wazira. On the pleadings of the parties, the following issues were framed by the trial Court: 1. Whether the plaintiffs are reversioners of defendant No. 2 under Section 59 of the Punjab tenancy Act?

(2.) WHETHER the alienation in favour of defendant No. 1 is void and binding on the plaintiffs?

(3.) WHETHER the plaintiffs are heirs of the de-ceased husband of defendant No. 2 with respect to the house in dispute?