Honble BALIA, J.–Heard learned counsel for the appellant as well as learned counsel for the only contesting respondent, who has put in appearance on caveat.

(2). A short issue arises for consideration in this case. The facts are not in dispute.

(3). The land in question consists of 66 bighas of land belonging to Lehan Singh, who was recorded as khatedar of this land. He died somewhere in 1949, at that time Hindu Succession Act had not come into force. At the time of his death, the said Lehan Singh was survived by his son Hari Singh. Hari Singh had one son Jangir Singh. At the time when Lehan Singh died the property devolved on Hari Singh s successor of Lehan Singh. As Hari Singh had inherited the property from his father, the immediate ancestor, before the commencement of Hindu Succession Act, 1956, the property in his hands was ancestral property, which was subject to unobstructed heritage and his son Jangir Singh got interest in the land by birth and was a coparcener with his father.

(4). The said 66 bighas of land were mutated in the name of Hari Singh alone after demise of said Lehan Singh. On 30th September, 1959 by registered gift deed 21 Bighas of land out of the said 66 bighas

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