JUDGMENT

UNTWALIA, J. — In our opinion this appeal is covered by the ratio of the decision in Giani Ram v. Ramji Lal, (1969) 3 SCR 944, which case was cited before the High Court but since the full report of the judgment was not available to it, it could not correctly apply the principle and decided the case against the appellants by taking an erroneous view of the law. Hence this appeal by special leave.

2. One Nritya Choudhary indisputably governed by the general Punjab custom was the last male holder of certain agricultural land, Abadi and a house. On 9-8-1946 he gifted his property to his two daughters, Manshan and Janki. Manshan is appellant No. 1 and the heirs of Janki are the other appellants in this appeal. On the 17th December, 1947 a suit was filed by one Bhagat Ram, father of respondents 1 to 3, a collateral of Chaudhary for a declaration that the properties were ancestral in the hands of Chaudhary and the gift made by him in favour of his daughters could not enure beyond his lifetime. A declaratory decree to that effect was sought for. On the 7th of March, 1950 a compromise decree was made in that suit declaring that 27/39th share of the land in dispute would go to the n