K.C.DAS GUPTA, K.N.WANCHOO, P.B.GAJENDRAGADKAR
Jai Kaur – Appellant
Versus
Sher Singh – Respondent
Judgment
DAS GUPTA, J. : The suit out of which this appeal has arise was instituted by the respondents 1 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 in favour of her two daughters the 2nd and 3rd appellants before us "shall be null and void against the reversionary rights of the plaintiff s," and defendants Nos. 4 to 6 after the death of defendant No. 1 (i.e. Jai Kaur) and shall not be binding upon them. The plaintiff s 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 Jats to which these parties belong daughters do not succeed to property left by sonless fathers and so the gift by Deva Singh s widow in favour of her daughters would be null and void as against the plaintiffs and others who would be entitled on Jai Kaur s death of succeed to the estate as reversioners. In the alternative, the plaintiffs contended that even if the land in suit was not ancestral qua the plaintiffs then also the deed of gift would
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