Judgement

RAMASWAMI, J.:- The question to. be considered in this appeal is whether under the customary law applicable to Sidbu Jats of Muktsar Tahsil of Ferozepore district collaterals of the 5th degree of the deceased land-owner could take precedence over his married daughters in succession to his non-ancestral property.

2. The dispute relates to 1574 kanals 4 marlas of land situate in village Kotli Ablu ,Muktsar Tahsil of Ferozepore district. Dulla Singh was the last male holder of the land and he was succeeded by his widow, Smt. Indi on his death. Smt. Indi died on September 8, 1955 and thereafter the estate was mutated by the revenue authorities on February 11, 1956 in favour of the defendants who were the reversioners of her husband in the 5th degree. Smt. Nihal Kaur is the daughter of Dulla Singh On November 14, 1057 she instituted the suit which is the subject-matter of the present appeal in the court of Subordinate Judge Muktsar for a declaration that she was the legal heir of the land left by Smt. Indi and that she was entitled to inherit the estate to the exclusion of the collaterals. The suit was resisted by the defendants who claimed that the whole of the land was ancestr