This appeal has been placed before us in pursuance of order of reference by one of us (Adarsh Kumar Goel, J.) dated 5.10.2004 on account of conflict of decisions on the question of alienability of dohli tenure. The order of reference is as under :-

"This appeal has been preferred by the defendant against decree of the courts below rejecting Will dated 22.12.1969 in favour of the defendant on the ground that the same was executed by Prithi Singh, who was a dohlidar and on account of customary law, had no right to make a Will in respect of the property.

Nature of right of a dohlidar has been considered in various decisions. In Sewa Ram v. Udegir, ILR 2 Lahore 313, it was observed :-

"It is beyond dispute that tenure of this kind cannot be alienated by sale or mortgage, and there can be little doubt that any alienation of that character, if made by the dohlidar, would be absolutely void. This being the case, we are not prepared to accept the contention that the present dohlidar, who is the son of the alienor, is precluded by any rule of law from impeaching the alienation made by his father. As the transaction was altogether void, we consider that even the alienor could have su