Judgment

A. K. SARKAR J. : The suit out of which this appeal arises concerns the right to certain plots of land in village Sultanwind, Tehsil and District Amritsar in the Punjab. It raises a question of the Punjab customs

2. Sahib Singh, the last male owner of the lands in dispute, died in December 1918 leaving a widow Nihal Kaur. The widow succeeded to the lands but on her remarriage soon thereafter, she was divested of them and they passed to Sahib Singh s mother, Kishen Kaur who died on 12-11-1942.

3. On Kishen Kaur s death disputes arose between Sahib Singh s sister, Jeo, the respondent in this appeal and his agnatic relation, the appellant Ujagar Singh, as to the ownership of the lands. The Tehsildar entered the respondent s name as the owner of the lands in the revenue records but on appeal by the appellant, the Collector of Amritsar directed the name of the respondent to be removed and the appellants name to be entered in its place.

4. On 11-6-1945, the respondent filed a suit against the appellant asking for a declaration that she was the owner of the lands. In paragraph 3 of the plaint it was stated that the respondent "came into possession of the properties left by Kishen Kau