appellant sada kaur and her second husband chand singh were impleaded as defendant number.
from the judgment and order dated 3 11 1969 of the punjab and haryana high companyrt in r.s.a.
in her written statement sada kaur pleaded that the parties were governed by customary law and according to their custom a widow marrying her deceased husbands brother did number forfeit her interest in the estate of her deceased husband.
the parties are dhaliwal jats of muktsar tehsil in the ferozepur district of punjab.
the plaintiffs case was that sada kaur having married for the second time had forfeited her interest in her deceased husbands estate.
the trial companyrt declined to grant a declaration as asked for by the plaintiffs who preferred an appeal to the district judge which was allowed.
civil appellate jurisdiction civil appeal number 1057 of 1970.
the plaintiffs filed a replication stating that according to the custom governing dhaliwal jats of tehsil muktsar a widow on remarrying even her deceased husbands brother forfeited her right in the estate.
the suit out of which this appeal arises was brought by the first two respondents bakhtawar singh and jit singh as plaintiffs for a declaration that they were entitled to two third share of the land in possession of the present appellant sada kaur which belonged to the appellants deceased husband.
sada kaur took a second appeal to the high companyrt challenging the decision of the lower appellate companyrt.
k. sinha for the appellant.
a division bench of the high companyrt thereafter referred the case to a full bench of five judges and it is the judgment of this full bench that is under appeal before us.
the appellants husband died sometime in the year 1937 and a few months later she married the third respondent chand singh who was a younger brother of her husband in karewa form.
the relevant facts are these.
s. bagga for the respondent.
number 1456/64.
hardev singh s. k. bagga and mrs.
1 and 2 respectively.
the judgment of the companyrt was delivered by gupta j. this appeal by certificate granted by the punjab and haryana high companyrt is from the judgment of a full bench of that companyrt answering the following question referred to it whether by universal custom among the sikh jats of the punjab a widow does number forfeit her life estate in her husbands property by reason of her remarriage in karewa form with her husbands brother and if so whether the custom admits of exceptions among different tribes of sikh jats and in particular among dhaliwal jats of muktsar tehsil of ferozepur district.
the first three respondents bakhtawar singh jit singh and chand singh and the deceased husband of the appellant sada kaur were brothers.
