D.K.Mahajan, J.

1. This second appeal at the time of its preliminary hearing was admitted by me to a Division Bench subject to the directions of my Lord the Chief Justice. That is how the matter has come up before us,

2. The facts giving rise to this appeal are not in dispute. Maghar Singh was the last male holder of the property in dispute. He is a Jat and belongs to A predominantly agricultural tribe. Indeed it is not disputed that the parties are governed by the Customary Law of the Punjab in matters relating to succession and alienation. Maghar Singh died in the middle of 1959 without leaving any male or female descendants or a widow. His nearest relation is the plaintiff Jaggar Singh alias Ujagar Singh, who is his real brother. Maghar Singh before his death executed a will on the 22nd of May, 1959, whereby he bequeathed his entire property to Kaur Singh. Kaur is not related in any way to Maghar Singh and in any case he is not a preferential heir to the plaintiff Jaggar Singh alias Ujagar Singh though it is stated in the will that he (Kaur Singh) is a relation but what that relationship is, is not stated.

In pursuance of the will, Kaur Singh took possession of Maghar Si