Customary restrictions that limit a widow's right to alienate non-ancestral property are unconstitutional, discriminatory, and unenforceable. The grant of an ad interim injunction remains discretionary, requiring proof of a prima facie case and showing that the property is ancestral, which must be strictly established through evidence.

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NIDHI GUPTA, J.

Present Civil Revision Petition under Article 227 of the Constitution of India has been filed by the plaintiff against the order dated 05.02.2021 (Annexure P-3) passed by learned Civil Judge (Junior Division), Camp Court, Punhana; whereby relief of ad interim injunction has been declined to the petitioner; and order dated 07.10.2023 (Annexure P-7) passed by learned Additional District Judge, Nuh; whereby appeal filed by the petitioner against the order dated 05.02.2021 has been dismissed.

2. Brief facts of the case in chronological order are as follows: -

01.02.2021: Petitioner/plaintiff had filed a Civil Suit dated 01.02.2021 (Annexure P-1) for declaration and permanent injunction. Alongwith the same, petitioner has also filed application under Order 39 rules 1 and 2 CPC (Annexure P-2).

05.02.2021: Vide order dated 05.02.2021, the learned Civil Judge (Junior Division), Camp Court, Punhana had declined relief of ad interim injunction to the petitioner. Petitioner had then filed an Appeal against the order dated 05.02.2021.

26.02.2021: The petitioner had also filed application dated 26.02.2021 (Annexure P-5) for issuing ad interim injunction.

01.03.2021: Vide order dated 01.03.2021 (Annexure P-6), ld. Additional District Judge, Mewat had directed the parties to main status quo.

07.10.2023: Vide impugned order dated 07.10.2023 (Annexure P-7), appeal of the petitioner has been dismissed.

3. It is inter alia submitted by learned counsel for the petitioner that petitioner is the brother-in-law/brother of Wajid, who is husband of respondent/defendant No.1. It is submitted that Wajid had expired on 07.11.2015. Thus, as per Muslim Law, the estate of Wajid would devolve upon the petitioner and not upon his wife/respondent No.1. However, despite that, in a clandestine and fraudulent manner, defendant No.1 had executed Sale Deed No. 1217 dated 24.09.2020 in favour of defendant/respondent No.2. Accordingly, petitioner had filed the instant suit seeking declaration that the said Sale Deed is illegal, null and void.

4. Learned counsel for the petitioner submits that the petitioner and performa respondent No. 3, who is another brother of Wajid are the real nearest collateral of the deceased Wajid and respondent No.1. The suit land is ancestral property of the petitioner and the other legal heirs in the hands of respondent No.1 and previously in the hands of Wajid. Wajid had died issueless. As such, as per Muslim Law, the petitioner and the performa respondent No.3 being the nearest collateral of Wajid are successors to the estate of Wajid. It is submitted that the parties to the suit are Meos by caste and do agriculture by their own hands, which is the main source of income and are governed by agricultural custom of Punjab and Haryana and of District Gurgaon now Mewat in the matters of succession, alienation and adoption etc. As per the said agricultural custom, the property in the hands of meo proprietor is inherited by his son(s) and in the absence of son(s), by the nearest collateral(s) of the said proprietor. Daughters have no right of succession in the property either ancestral or non-ancestral in the hands of said meo proprietor. It is further submitted that the property of the said proprietor is inherited by his widow, in the absence of son(s), as limited owner or life estate and she can only enjoy the same during her life time for her maintenance and survival and on her death, it is inherited by the nearest collateral of said proprietor. The widow, during her life time, has no right to alienate or t