It was pleaded on behalf of the two daughters that they being preferential heirs in respect of the land in suit as against the plaintiffs, the gift is tantamount to acceleration of succession and is valid in every way.
The plaintiffs appealed to the District Judge, Ludhiana, against this decree and cross objections were filed by the defendants Nos.
1 to 3.
Appeal by special leave from the Judgment and decree dated May 27, 1953, of the Punjab High Court in Regular Second Appeal No.
176 of 1949, against the judgment and decree dated December 20, 1948, of the District Judge, Ludhiana, arising out of the Judgment and decree dated February 6, 1948, of the Subordinate Judge, 11 Class, Ludhiana, in Suit No.
On second appeal the learned judges of the East Punjab High Court accepted the companytention urged on behalf of the plaintiffs that a special custom was proved to be in force among the Grewal Jats under which the daughter does number inherit even as regards number ancestral property.
In that view they held that even as regards the number ancestral property the gift by Jai Kaur would be valid only during her lifetime, and allowed the appeal.
The Trial Courts finding about a portion of the land being ancestral and the rest number ancestral was number disputed before the appeal companyrt.
As regards the remainder of the suit land which he held was number ancestral, the learned Judge was of opinion that the gift was merely an acceleration of succession as under the customary law governing the parties daughters exclude companylaterals as regards succession to number ancestral property.
Against this decree of the High Court defendants Nos.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
Accordingly he gave the plaintiffs a decree as prayed for as regards 2 B 2B, 14 B out of the land in suit and dismissed it as regards the remaining portion of the land in suit.
108/ 56.
Gopal Singh, for the appellants.
The plaintiffs case was that these lands left by Dev Singh were all ancestral lands qua the plaintiffs and according to the customary law which governs the Jats belonging to Grewal got to which these parties belong daughters do number succeed to property left by sonless fathers and so the gift by Dev Singhs widow in favour of her daughters would be null and void as against the plaintiffs and others who would be entitled on Jai Kaurs death to succeed to the estate as reversioners.
B. Aggarwala and K. P. Gupta, for the respondents.
The Judgment of the Court was delivered by DAS GUPTA, J. The suit out of which this appeal has arisen was instituted by the respondents I and 2 Sher Singh and Labh Singh, for a declaration that a deed of gift executed by the first appellant, Jai Kaur, in respect of 8 1 10 Bighas of land which she had inherited from her husband, Dev Singh, in favour of her two daughters, the 2nd 3rd appellants before us, shall be null and void against the reversionary rights of the plaintiffs , and defendant Nos.
918 of 1946.
1 to 3 Jai Kaur and her two daughters, the donees have filed this appeal on the strength of special leave granted by this Court.
1 i.e., Jai Kaur and shall number be binding upon them.
4 to 6 after the death of defendant No.
