SUJATA V.MANOHAR, M.M.PUNCHHI
Surain Singh – Appellant
Versus
Lakhmira Singh – Respondent
(1) MR Mahajan, learned counsel appearing for the appellants contends that these appeals are covered in his favour by the decision of this Court in Kesar Singh v. Sadhu. We have gone through that decision. We have also sent for the file of that case in order to see the orders precedent which led to the said decision. In our view the ratio in that decision requires reconsideration. Our reasons are as follows: In the matter of succession and alienation qua agricultural lands in Punjab, customary law was applicable to agricultural communities putting fetters on the right to alienate lands and correspondingly preserving rights of the reversioners. Here the property in dispute was allotted in India in lieu of land left behind in Lyalpur District, now in Pakistan. The corresponding land in Pakistan was sold on 21-8-1940 by its owner Avtar Singh. His reversioners brought a suit for declaration to the effect that the sale effected by Avtar Singh was not for legal necessity and was ineffective on their reversionary rights. That suit was decreed on 12-4-1944 and its decision became final. The vendees as a result could remain in possession of the land uptil the death of the vendor for
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.