The central legal point established in the judgment is the application of custom in matters of alienation and succession, and the interpretation of the limited ownership of the widow in relation to the validity of the will.

N.K. Sodhi, J. - This is defendants second appeal directed against the judgment and decree dated 29.10.1980 passed by the Additional District Judge, Gurgaon affirming that of the trial court whereby the suit for possession of agricultural land filed under Order 1 Rule 8 of the Code of Civil Procedure (for short the Code) was decreed. Facts giving rise to this appeal may first be noticed.

2. One Ismail a Mohammedan Meo by caste was the owner of the suit land. On his death his widow Smt. Suhagi inherited the same as a limited owner. It is alleged that according to the agricultural custom governing the parties, a widow had only a life interest in the estate of her husband and that she had no right to alienate the same by way of sale, mortgage, gift, will or otherwise. It is further alleged that in the absence of heirs/reversioners, the proprietors of the Patti in which the property is situated succeeded and in the absence of the proprietors of the Patti, the proprietors of the whole village inherit the same. According to the plaintiffs, Smt. Suhagi died issueless leaving no male or female relatives of her husband and, therefore, the proprietors of Patti Sahaura inherited the land in dispute. They alleged that the defendants who are neither proprietors in the patti nor related to Smt. Suhagi or Ismail, had taken possession of the land on the basis of a will allegedly executed in their favour by Smt. Suhagi. The plaintiffs alleged that the will, if any, was unauthorized, against the custom and without the consent of the reversioners. On receipt of notice of the suit the defendants appeared and contested the same. They claim to be agate collaterals of Ismail and their case is that the parties are not governed by custom and that Smt. Suhagi was competent to alienate the suit land by way of will. They also alleged that the will was challenged by Noor Bux, Mandru and Noor Ilahi on whose behalf the present suit has been filed by the Patti. The will is said to have been upheld and the suit field by them dismissed. The defendants also denied that Smt. Suhagi was a limited owner or that the plaintiffs were the proprietors of Patti Sahaura. The locus standi of the plaintiffs to file the suit was also challenged and it is pleaded that the suit has not been properly filed under the provisions of Order 1 rule 8 of the Code. It is also pleaded that the suit was barred by time and the same was collusive as it had been filed at the instance and for the benefit of Noor lost the litigation. The plea of res judicata was also pressed into service. Pleadings of the parties gave rise to the following issues :-

"1. Whether the plaintiffs have locus standi to file the suit ? OPP

2. Whether deceased Suhagi was a limited owner of the suit land and could not alienate the same ? OPP

3. Whether the plaintiffs and deceased Suhagi are governed by custom in matters of alienation and succession ? If so, what this custom is ? OPP

4. Whether the suit has been filed properly u/o 1 rule 8 CPC ? OPP

5. Whether the suit is within time ? OPP Onus objected to.

6. Whether the suit is benami and collusive ? OPD

7. Whether the suit is barred by res judicata ? OPD

8. Whether the plaintiffs are estopped from filing this suit by their act and conduct ? OPD

9. Whether the suit is not maintainable ? OPD

10. Whether the defendants are magnates and collaterals of Ismail the husband of deceased Suhagi ? If so, its effect ? OPD

11. Whether the deceased Suhagi executed a valid will in favour of the defendants ? If so, its effect ? OPD

12. Relief."

3. The trial court decided issue No. 1 in favour of the plaintiffs and held that they have locus standi to file the suit. Issues No. 2 and 3 were also decided in favour of the plaintiffs and it was held that Smt. Suhagi was a limited owner of the suit land which she could not alienate and that the parties were governed by custom in the matters of alienation and succession according to which Patti of the village succeeds to the estate in the abs