P.S.Pattar, J. - (1.) THIS is a regular second appeal filed by Bhagat Singh and others Plaintiffs against the judgment dated April 22, 1965, of the Additional District Judge, Jullundur, dismissing their appeal against the judgment and decree dated February 7, 1964, of Sub -Judge 1st Class, Jullundur, dismissing their suit for possession of the land in suit fully described in the plaint against the Defendant.
(2.) THE following pedigree table of the family of the parties will be useful in understanding the facts of this case: Gurdit Singh the grand -father of Bhagat Singh and Jagat Singh Plaintiffs was the owner of some land in village lobar, Tehsil and District Jullundur, and on his death it was inherited by his two sons Bela Singh and Dalel Singh, Bela Singh had died sonless and his land was mutated in the name of his widow Ram Kaur. Ran(sic) Kaur died about 10 or 12 years prior to the institution of this suit and the property was mutated in the same of Gian Kaur, daughter of Bela Singh and Ram Kaur. However, the mutation in the name of Gian Kaur was sanctioned till her marriage Bhagat Singh and Jagat Singh Plaintiffs made an application to the Revenue Officer to delete the name of Gian Kaur from the revenue records because she had been married. This application was dismissed by the Tehsildar. Against that order the Plaintiffs filed an appeal before the Collector, Jullundur, who accepted the same. Gian Kaur then filed an appeal in the Court of the Commissioner , Jullundur. who accepted her appeal and set aside the order of the Collector. Thereafter the Plaintiffs Bhagat Singh and Jagat Singh filed suit for possession of the land in suit on the allegations that they were governed by custom in the matter of succession, according to which Gian Kaur was not entitled to the property in suit which was ancestral qua them. They also pleaded that they were preferential heirs of this land which belonged to their uncle Bela Singh.
(3.) GIAN Kaur Defendant contested this suit and she denied the allegations made in the plaint It was denied that the Plaintiffs were collaterals of her father Bela Singh within five degrees, that the land was ancestral and they were governed by custom in the matter of succession. It was pleaded that she is a preferential heir of her father Bela Singh, that the suit was barred by limitation, that after coming into force of the Hindu Succession Act she had become full owner of the land. On the pleadings of the parties the following issues was framed by the trial Court: 1. Whether the Plaintiffs are collaterals of Bela Singh deceased within five degrees ? 2. If issue No. 1 is proved, whether the Plaintiffs have no locus standi to sue ? 3. Whether the suit property is ancestral qua the Plaintiffs and Bela Singh deceased 7 4. Whether the parties are governed by custom in matters of succession ? 5. WHETHER the Plaintiffs are preferential heirs to the suit property as against the Defendant ? Whether the Defendant is an absolute owner of the suit property under the Hindu Succession Act ? 6. WHETHER the suit is time -barred ? 6. RELIEF . ;