The abolition of Ala Malkiat rights does not affect the ancestral character of the land held by the Adna Malik.

D.K.Mahajan, J.

1. This order will dispose of Regular Second Appeal Nos. 1100 and 1101 of 1965. Both these appeals have arisen from two separate suits filed to challenge two separate alienations made by Buta Singh, father of the plaintiff-appellants. Regular Second Appeal No. 1100 arises out of suit No. 190 of 1963 and Regular Second Appeal No. 1101 arises out of suit No. 226 of 1963. Both these suits were consolidated and the evidence was recorded in suit No. 190 of 1963 and both these suits have been disposed of simultaneously.

2. On the 12th of June, 1957, Buta Singh sold 378 kanals and 2 marlas of land for Rs. 30,000/- to Nachhatar Singh and others, respondents 2 to 8. This sale is the subject matter of suit No. 190 of 1963. On the 6th of July, 1959, Buta Singh again sold 99 kanals 15 marlas for Rs. 10,500/- to Malkiat Singh and others, respondent Nos. 2 to 4. This sale is the subject matter of suit No. 226 of 1963. The plaintiffs, who are the sons of Buta Singh, have brought the present suit for the usual declaration that the land is ancestral qua them and that the alienations in question are without consideration and necessity and, therefore, would not affect their reversionary rights after the death of Buta Singh. The trial Court, however on the pleadings of its parties, framed an issue only on the ancestral character of the property. It appears to me that it would have been advisable if all the matters that were in controversy between the parties had been put in issue and trial. The course adopted by the trial Court has unnecessarily lengthened the trial of the suit as will presently appear.

3. Both the Courts below have come to the conclusion that the land in dispute is not ancestral and, therefore, have non-suited the plaintiffs. The principal ground, on which this decision has been arrived at, is that by reason of the abolition of the Ala Malkiat rights, the land in dispute, of which the alienor was merely an Adna Malik, has ceased to be ancestral inasmuch as the rights in land free from the rights of the Ala Malik will be a new acquisition by the alienor. It is common ground that in case it is held that the land was held by Kuma Singh and the abolition of the Ala Malkiat rights does not change the nature of the land, it will not cease to be ancestral.

4. The short question that falls for determination is whether the abolition of the Adna Malkiat rights, in any manner, affects the nature and character of the rights in land held by the Adna Malik. Before dealing with the disputed question, it will be proper to examine the nature of the Adna Malik rights vis-a-vis the rights of the Ala Malik. In Duoies Settlement Manual, page 68, paragraphs 143, 144 and 145, there is some discussion as to the origin of these rights. But one thing is clear that the settlement, so far as the land revenue is concerned was made with the Adna Malik and the dues payable in kind to the Ala Malik were converted into cash payment which was a percentage of the land revenue payable by the Adna Malik. There are two types of Ala Malik, one type of Ala Maliks are those who exercised political sway or lordship over the soil from which they were ousted during the domination of the Sikhs but managed to collect at harvest with greater or less regularity some small proprietary fee. The other class of Ala Maliks are those persons whose connection with the land was purely official. They were revenue farmers or Jagirdars. They enjoyed rights of management which ultimately grew into rights of property. So far as the present case is concerned, in Exhibit P-33, land revenue was settled with the Adna Malik at the rate of annas -/15/- per Ghamaon on Rs. 14/1/ was settled as total dues, the break up of which is :-

Lambardari dues Rs. 5/-

Zaildari or Safeidposhi dues

and Local rate 8/1/-

Total 14/1/-.

In this very document, it was provided that in additional to these, an amount at the rate of 5% of the land revenue was payable to the Ala Malik as Talukdar