Kapur, J. - (1.) This is a plaintiffs' appeal against a judgment and decree of Mr. Sansar Chand Senior Subordinate Judge, Hoshiarpur, allowing an appeal against the decree of the Subordinate Judge.
(2.) The facts which have given rise to this appeal are as follows. Ishar Das acquired the property in dispute. He had a son Miri Mal who predeceased him leaving a widow Koklan who is the plaintiff, and Paro and Melo were Ishar Das's daughters. The former had three sons Maharaj Kishen, Om Parkash and Udho Ram. Kaka defendant No. 3 is the son of Udho Ram. Melo has a son Pindi Das.
(3.) On the 29th June 1933 Ishar Das made a registered gift of two portions of land measuring 165 'kanals' 8 'marlas' and 423 'kanals' 18 'marlas' in favour of his wife Pali 'alias' Khushali. The gift is in the following terms: "I.....have made a gift in favour of my wife Pali 'alias' Khushali who has been serving me and have given her possession as from to-day. She will, like myself, now be the owner in possession and I will have no concern with the property. She has the power to alienate by sale or mortgage but she will not be entitled to make a gift." On the same day Ishar Das made a will of 100 'kanals' 5 'marlas' of land in favour of his wife Pali 'alias' Khushali and his daughter-in-law Koklan to be taken equally by them. On the death of one the survivor was to get the other half. The words used in this will are: "I make a declaration by this will that after my death of all my property -- movable and immovable.....Koklan, my daughter-in-law, and Pali, my wife, shall be 'malik' and 'qabiz' and they will be entitled to the income of the property during their lifetime but will not have the power of making an alienation, and after their death whoever is my lawful heir will be entitled to all my property.";