A declaratory decree obtained in a suit instituted by a reversioner competent to sue has the effect of restoring the property alienated to the estate of the alienor and all persons who would but for the alienation have taken the estate would be entitled to inherit the same when succession opens on death after the passing of the decree.

Mehar Singh, J.

1. When this appeal came up for hearing on October 3, 1969, it was adjourned to today to ascertain from the parties whether Sajjan Singh vendor, who died after the coming into force of the Hindu Succession Act of 1956, has left surviving him his sister, sisters son and mothers sister. Learned counsel for the appellant says that he sent a registered cover to the appellant, but has received no reply and the appellant has not turned up either, but the learned counsel for the respondents has produced an affidavit of Sant Kaur, in which affidavit she claims to be the deceaseds mothers sister and she further says that Jangir Singh PW-1 is the deceaseds sisters son and she further says that Jangir Singh has a sister named Raj Kaur, who is alive. The question then in this case is : Whether the plaintiff, who is a third-degree collateral of the deceased vendor, can succeed in a suit in the presence of such heirs under the Hindu Succession Act of 1956 ? This is a somewhat important question, because the effect of the recent judgment of the Supreme Court has to be considered. So this case is referred to a Division Bench and will be listed for hearing on any date Before November 29, 1969. The affidavit filed by Sant Kaur will remain appended to this appeal.

R.S.Narula, J.

2 In this plaintiffs second appeal against the judgment and decree of the Court of the Senior subordinate Judge, Hissar, dated December 3, 1959, dismissing his suit for a declaration to the effect that the sale of the ancestral land in dispute made by Sajjan Singh respondent No. 2 in favour of Lachhman Dass respondent No. 1 under a registered sale-deed, dated January 18, 1956, was ineffectual against his reversionary rights, the following findings of fact recorded by the lower Courts are no more in dispute :-

(i) that Jang Singh plaintiff-appellant is a collateral of Sajjan Singh defendant-respondent within five degrees (issue No. I);

(ii) that the land in dispute is ancestral qua the plaintiff and the vendor (issue No. 2);

(iii) that the vendor is not proved to have adopted any daughter as alleged by the respondents (issue No. 3);

(iv) that the alienation in dispute was not supported by any legal necessity (issue No. 4); and

(v) that the appellant as well as Sajjan Singh vendor were governed by agricultural custom in matters of alienation (issue No. 5).

3. In spite of the findings of the Courts below on all the above mentioned issues being in favour of the appellant, his suit has been dismissed at all stages so far as it was held to be speculative in view of the provisions of the Hindu Succession Act. This Act had come into force on June 17, 1956 before the institution of the suit. On account of the provisions of the Act, the plaintiff ceased to be entitled to inherit the estate of Sajjan Singh because of the proved presence of Jangir Singh PW-1 who is the sisters son of the vendor, and Mst. Sant Kaur widow of Ram Singh who is the sister of the mother of the vendor. It is not disputed that the sisters son and the mothers sister are the heris of Sajjan Singh under the Hindu Succession Act which admittedly applies to the parties in the matters of succession since after June, 1956. Mr. D.S. Keer, the learned counsel for the appellant, made an effort to show that the finding of the learned Senior Subordinate Judge to the effect that Jangir Singh is proved to be the sisters son of the vendor is not supported by any evidence. Mr. Keer has, however, miserably failed in his attempt. Jangir Singh himself appeared as appellants own witness as P.W. 1 and stated categorically that the vendor was his real maternal uncle. Hari Singh PW-1 who was produced in the post-remand proceedings also admitted that Jangir Singh was the son of the sister of the vendor, but tried to dilute that statement by adding that Sajjan Singh had no real sister. This embellishment made by Hari Singh cannot be believed in the face of the categorical statement of Jangir Singh and also i