- (1.) Plaintiff-appellants (hereinafter the plaintiffs) aggrieved against the judgment and decree of the first Appellant Court affirming on appeal those of the trial Judge dismissing their suit for possession of 1/3rd share of the suit land have come up in regular Second Appeal.
(2.) Facts :- One Kahna was succeeded to by his sons Mana and Ratna. Ratna was succeeded to by Nahar Singh, Sajjan Singh, Gurnam Singh and Gajjan Singh. Gurnam Singh died issueless and he was succeeded to by Nahar Singh, Sajjan Singh (hereinafter the plaintiffs) and Gajjan Singh (hereinafter defendant No. 1). Defendant No 1 has two sons Harpal Singh and Ujaggar Singh who were arrayed as defendants No. 2 and 3 in the plaint. Mara son of Kahna died issueless on 28.3.1975. He gifted away his share in the suit land of defendants No. 2 and 3 vide gift deeds dated 12.6.1972. The plaintiffs challenged the gift deeds on the ground that the property covered under the gift deeds was ancestral and the donor was not competent to gift the ancestral property and as such this will not effect their rights. During the pendency of the suit, Punjab Custom (Power to contest), Amendment Act, 1973 came into force and the plaintiffs lost their right to contest alienation by way of gift on the ground that these were not permissible under customary law governing the parties regarding alienation/transfer. The suit was dismissed by the trial Judge. The judgment was affirmed by the first Appellate Court. In second appeal to this Court, the plaintiffs were allowed to withdraw the suit with permission to file afresh suit. During the pendency of the suit, the donor died. The plaintiffs challenged alienation by way of gift on the ground that the donor was addicted to opium and was under the influence of their brother Gajjan Singh defendant No. 1. The gift deeds were executed by the donor in favour of defendants No. 2 and 3 due to the undue influence of defendant No. 1 and the fraud practice by defendant No. 2.
(3.) The defendants contested the suit inter alia on the ground that the plaintiffs did not disclose any cause of action, the parties were Jats and governed by Agriculturist Custom in the matter of alienation and the suit was not maintainable. The gift deeds were validly executed and the donees were already in possession of the land gifted to them.;