P.C. Pandit, J. - (1.) THE following pedigree -table will be helpful in understanding the facts of this case: - - Hazura Singh was, admittedly, the owner of agricultural land measuring 144 Bighas 9 Biswas situate in village Bhambhauri Sub -Tehsil Dhuri District Sangrur. In June 1952, he died and in December, 1952, his land was mutated in favour of Isher Kaur, the widow of his pre -deceased son Jangir Singh, and his son Raghbir Singh in equal shares. In March, 1939, Ishar Kaur died issueless. Her half share in the land, at first, in October, 1960, was mutated in the name of Daljit Singh and his two sisters Daljit Kaur and Gyan Kaur. Subsequently, however, Bhagwant Kaur objected to this and in April 1962, Ishar Kaur's share was entered half in the name of Bhagwant Kaur and the other half in favour of Daljit Singh. In February 1964, Bhagwant Kaur brought a suit, out of which the present second appeal has arisen, against Daljit Singh and others, for joint possession of one half share in the entire land measuring 144 Bighas 9 Biswas belonging to Hazura Singh. Her allegations were that under the Hindu Succession Act, 1956, she was the sole heir of Isher Kaur and the revenue authorities had no jurisdiction to sanction the mutation regarding the one -half share of Isher Kaur's property in favour of Daljit Singh.
(2.) THE suit was contested by the defendants, who denied that the plaintiff was the sister of Jangir Singh. According to them, under custom governing the parties, Isher Kaur had no right to inherit the land let by her father -in -law, Hazura Singh. Besides, she never got into possession of the property and there was no question of the plaintiff's succeeding to her property. The revenue authorities had erroneously sanctioned the mutation of half of the land of Isher Kaur in favour of the plaintiff and Daljit Singh, defendant, being a minor, was not present before the said authorities at the time when the mutation was sanctioned. The trial Judge came to conclusion that the plaintiff was the sister of Jangir Singh. He was of the view that though according to section 15(2)(b) of the Hindu Succession Act, the property inherited by a Hindu widow from her husband or father -in law would devolve upon the heirs of her husband and Bhagwant Kaur being the sister of Jangir Singh, was a preferential heir to the defendants, who were the son and daughters of Raghbir Singh, brother of Jangir Singh. But in the present case, in his opinion, under custom governing the parties, Ishar Kaur was not entitled to succeed to the property left by her father -in -law Hazura Singh, in the presence of his grandson Daljit Singh. There was no custom prevailing in the Sub -Tehsil, which would have entitled the daughter -in -law to succeed equally with a grandson. No special custom had been proved by the plaintiff, which would entitled Isher Kaur to succeed to her father -in -law's property. The mutation in her favour was not challenged during her lifetime, as Daljit Singh and his two sisters were still minors. The plaintiff, according to the learned fudge, was, therefore, not entitled to claim possession of the property left by Isher Kaur as her heir. As a result of these findings, the suit of the plaintiff was dismissed.
(3.) WHEN the matter went in appeal before the learned District Judge, Barnala, he confirmed the findings of the trial Court and dismissed the appeal. The plaintiff has come here in second appeal.;