Under the customary law in force in the Punjab a declaratory decree obtained by the reversionary heir in an action to set aside the alienation of ancestral property enured in favour of all persons who ultimately took the estate on the death of the alienor for the object of a declaratory suit filed by a reversionary heir impeaching an alienation of ancestral estate was to remove a companymon apprehended injury, in the interest of the reversioners.
The Punjab Custom Power to Contest Act 1 of 1920 was enacted to restrict the rights exercisable by members of the family to companytest alienations made by a holder of ancestral property.
75 of 1920 filed by Giani Ram it was declared that the alienations by Jwala were number binding after his life time, and the property will revert to his estate.
Jwala died on October 16, 1959, leaving his surviving three sons Giani Ram, Manphool and Chandgi, his wife Rajni, and two daughters Phulwati and Chhanno.
75 of 1920 and since their share in the estate of Jwala was in the aggregate only a half, the remaining half having devolved upon the widow and the two daughters, a decree for a half share in the lands alienated companyld issue against the alienees.
In an action filed by the three sons of Jwala, his daughters and widow against the legal representatives of Shadi for a decree for possession of the lands alienated by Jwala the Senior Subordinate Judge, Hissar decreed the suit for a half share in property claimed by the plaintiffs.
75 of 1920 his sons had after that Act numbersubsisting reversionary interest in the property, must stand rejected.
In 1916 Jawala, a Hindu Jat, governed by the customary law of the Punjab sold to one Shadi, without legal necessity, a fourth share in 891 bighas 3 biswas, which was ancestral in his hands.
Under the Hindu Succession Act, 1956 which came into force on June 17, 1956, the estate of Jwala devolved upon his widow, his sons and his daughters in equal shares.
75 of 1920 in the Court of the Senior Subordinate Judge, Hissar, for a declaration that the sale of ancestral lands of Jwala in favour of Shadi was null and void and was ineffective against, his reversionary rights.
A preliminary objection raised by companynsel for the respondents that the suit in its entirety should have been dismissed, because by the enactment of the Hindu Succession Act Jwala was to be deemed a full owner and numberwithstanding the decree passed in Suit No.
By virtue of Section 6 of the Act numberperson is entitled to companytest an alienation of ancestral immovable property unless he is descended in the male line from the great great grand father of the alie nor.
It is true that under the customary law the wife arid the daughters of a holder of ancestral property companyld number sue to obtain a declaration that the alienation of ancestral property will number bind the reversioners after the death of the alienor.
The learned Judge was of the view that only the sons of Jwala companyld claim the benefit of the decree in Suit No.
Against that decree a second appeal was preferred by the heirs of Shadi, The High Court of Punjab set aside the decree passed by the District Court and restored the decree of the Trial Court.
The learned District Judge decreed the claim in its entirety, but only in favour of the three sons.
The suit was decreed by the Senior Subordinate Judge, Hissar.
Giani Ram son of Jwala instituted Suit No.
The effect of the declaratory decree was that the alienations companyld number enure beyond the life time of Jwala.
By the decree passed in suit No.
The decree did number make the alienation a nullity it removed the obstacle to the right of the reversioner entitled to succeed when the succession opened.
In appeal by the plaintiffs to the District Court, Hissar, the decree was modified.
With special leave the appellants have appealed to this Court.
