The effect of a declaratory decree obtained by a reversioner and the inheritance of ancestral property under the Hindu Succession Act, 1956.

1. One Mam Raj was owner in possession of agricultural land measuring 130 kanals 18 marlas, which is the subject matter in the present appeal. This land was ancestral property in his hand. He was having no male issue, but had only one daughter, namely Smt. Anguri Devi (hereinafter referred to as the plaintiff-appellant). On 24-1-1957, he sold the land in dispute in favour of Moti Ram, Ramji Lal, Ram Saran, Lachhman and Jit (these persons or their LRs are the respondents in the present appeal) for a consideration of Rs.14,000.00 vide the registered sale deed.

2. The above said sale deed was challenged by Lala Ram, who was the real brother of vendor Mam Raj, claiming himself as reversioner under the customary law, on the ground that the sale deed was without legal necessity and since the entire land was ancestral property, therefore, the sale was not binding on the rights of the reversioners. Initially, that suit filed by Lala Ram was dismissed by the trial court while holding that the land was not found to be ancestral because part of the land was proved to be ancestral and the remaining non-ancestral. But in appeal, the suit of Lala Ram was decreed and the sale deed dated 24-1-1957 executed by Mam Raj was declared to be without legal necessity and not binding on the rights of the reversioners after the death of aliens (Mam Raj). The vendees Moti Ram and others filed RSA No. 285 of 1958, in this Court, which was decided on 17-3-1966. It was held by this Court that the land was ancestral in nature and the sale was without legal necessity. Thus, the same will not affect the reversionary rights of the plaintiff or the reversioners like him. A point was raised by the vendees (respondents herein) that the suit filed by a Lala Ram for setting aside the sale deed being reversioner is speculative one, because daughter of Mam Raj, namely, Smt. Anguri Devi (plaintiff-appellant herein), is alive and in her presence the suit filed by Lala Ram, the brother of Mam Raj, is not maintainable. On this point, raised by the vendees, this Court observed as under :-

"The last argument of the learned counsel for the appellants was that no declaration can be granted because that would be speculative because daughter of Mam Raj, who is the next heir, was alive. No doubt, the daughter cannot take advantage of this decree, which will enure only for the benefit of the reversioners. There is, however, nothing to indicate whether the vendor cannot get another son either natural or adopted who may be able to take advantage of this declaratory decree. In any case, this declaratory decree will not harm the alienees till such time as there is a person who can take advantage of the decree and who happens to be the next heir after the demise of Mam Raj."

3 The above observations were made in judgment dated 17-3-1966, Ex. P6. The decree of even date, Ex. P7, reads as under :-

"This appeal coming on for hearing on the 17th day of March, 1966 before Hon ble Mr. Justice Harbans Singh of the High Court of the State of Punjab at Chandigarh, in the presence of M/s. Balraj Bahal and H. L. Sarin, Advocate for the appellant defendant and of Shri Parkash Chand, Advocate for the plaintiff respondent and in the absence of the other respondent, it is ordered that the appeal be partly accepted and the decree of the Addl. District Judge Karnal dated the 2nd January 1958 reversing sing that of the Senior Sub Judge Karnal dated the 8/08/1957 as described be modified to the extent that the mortgages mentioned in the sale deed would stand at least till such time that they are set aside by an order of the competent court, and if these mortgage (sic) are paid the vendees, will stop into the shares of the mortgagees and except to the extent the sale will not affect the reversionary (sic) oughts of the plaintiff or the reversioners like him. It is further ordered that there will be no order as to costs."

4. After the death of Mam Raj, who died in January, 1979, reversioner Lala