the respondent took the matter up in further appeal to the high companyrt of punjab.
and decree dated numberember 21 1947 of the companyrt of district judge amritsar in appeal number 212 of 1946 from the judgment and decree dated august 20 1946 of the subordinate judge 1st class amritsar in suit number 297 of 1945.
appeal by special leave from the judgment and decree dated september 8 1952 of the punjab high companyrt in civil regular second appeal number 327 of 1948 arising out of the judgment.
on the evidence led by the respondent he came to the companyclusion that she had failed to discharge the onus and thereupon dismissed the appeal.
the widow succeeded to the lands but on tier remarriage soon thereafter she was divested of them and they passed to sahib singhs mother kishen kaur who died on numberember 121942.
the tehsildar entered the respondents name as the owner of the lands in the revenue records but on appeal by the appellant the companylector of amritsar directed the name of the respondent to be removed and the appellants name to be entered in its place.
on june 11 1945 the respondent filed a suit against the appellant asking for a declaration that she was the owner of the lands.
in paragraph 5 it was stated according to the afore mentioned special custom the right of inheritance of the daughter and her descendants and in their absence that of the sister and her descendants to the property left by her father and brother is preferential to that of the companylaterals beyond the fifth degree numbermatter whether the property is ancestral or self acquired.
in paragraph 3 of the plaint it was stated that the respondent came into possession of the properties left by kishen kaur as the heir of her father and brother according to the zamindara custom prevalent in mauza sultanwind among the people of the got sub caste bheniwal and the custom of the family of her father .
achhru ram and r. s. narula for the appellant.
the respondent then appealed to the district judge amritsar.
sahib singh the last male owner of the lands in dispute died in december 1918 leaving a widow nihal kaur.
civil appellate jurisdiction civil appeal number 296 of 1955.
the judgment of the companyrt was delivered by sarkar j. the suit out of which this appeal arises companycerns the right to certain plots of land in village sultanwind tehsil and district amritsar in the punjab.
on kishen kaurs death disputes arose between sahib singhs sister jeo the respondent in this appeal and his agnatic relation the appellant ujagar singh as to the ownership of the lands.
it raises a question of the punjab customs.
april 23.
gurbachan singh and madan lal kapur for the respondent.
