Judgement

SHAH, J.: In 1916 Jwala-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, Giani Ram son of Jwala instituted Suit No. 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. The suit was decreed by the senior Subordinate Judge Hissar. The effect of the declaratory decree was that the alienations could not enure beyond the lifetime of Jwala.

2. Jwala died on October 16, 1959, leaving him surviving three sons-Giani Ram, Manphool an Chandgi-his wife Rajni, and two daughters Phulwati and Chhanno. 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. In an action filed by the three sons of Jwala, his daughters and widow against the legal representatives of Shadi or a decree for possession of the lands alienated by Jwala the Senior Subordinate Judge, Hissar decreed the suit for a halfs are in