The plaintiffs are in appeal. First appeal filed by the plaintiffs was also dismissed by the learned First Appellate Court. For the sake of convenience, the parties are referred to as per their status in the Civil Suit.

By way of present appeal, challenge has been laid to the judgment and decree dated 17.07.1991 passed by the Court of learned Additionl District Judge, Ambala (hereinafter to be referred as “First Appellate Court”), whereby an appeal filed at the instance of appellants-plaintiffs against the judgment and decree dated 07.12.1987 passed by the Court of learned Additional Senior Sub Judge, Jagadhri (hereinafter to be referred as “trial Court”), dismissing their suit for possession of the suit land, was dismissed; thereby affirming the judgment and decree passed by the learned trial Court.

FACTS

Briefly stating the facts, one Bishan Singh alias Bishna was owner of agricultural land measuring 23 bighas 19 biswas comprised in Khewat No. 117, Khasra Nos. 628 to 631, 869/633, 634, 635 situated in Village Sankhera, Tehsil Jagadhri (hereinafter referred to as “suit land”), which was allegedly ancestral in his hands qua the plaintiffs and their deceased father-Beli Ram. It was pleaded in the plaint that the said Bishan Singh was unmarried and died issueless on 24.08.1979 and was real brother of deceased-Beli Ram (father of plaintiffs). It was further pleaded that Bishan Singh executed a Will about 40 years before institution of the suit in favour of his nephews/defendant Nos. 2 & 3, namely, Hukam Chand and Kuldip Chand and later on, Bishan Singh executed a Will of his property in favour of his alleged wife-Smt. Debo (defendant No. 1); Bishan Singh also suffered a consent decree in the Civil Court in respect of the suit land in favour of defendant No. 1. It was further pleaded that the deceased-Bishan Singh was not having sound mind at the time of alleged Will in favour of defendant No. 1, therefore, he was not capable of executing a valid Will and making any valid transfer by way of decree etc. of the suit land, however, half of the suit land had wrongly been mutated in the name of defendant No. 1 on the basis of a consent and collusive decree. The plaintiffs challenged the validity of the Will in favour of defendant No. 1, the Will in favour of defendant Nos. 2 & 3 as well as the decree suffered by Bishan Singh in favour of defendant No. 1 on the ground that Smt. Debo was not the legally wedded wife of Bishan Singh and the suit land being ancestral in his hands, he had no right to bequeath or transfer the same in favour of any person as he was a Jat by Caste and governed by General Custom of Zamindra, according to which no proprietor could alienate his immovable property in the presence of collaterals. During pendency of the suit, defendant No. 1 (Smt. Debo) transferred some portion of the suit land in favour of defendant Nos. 4 & 5, namely, Zora Singh and Nasib Singh respectively and the validity of that sale was also challenged in the amended plaint; hence the suit was filed.

Upon notice, defendant No. 1 (Smt. Debo) filed written statement while pleading that Bishan Singh contracted a Karewa marriage with her about five years before his death and the Will executed by Bishan Singh on 15.03.1976 as well as the decree suffered by him in her favour are valid.

Defendant Nos. 2 & 3, namely, Hukam Chand (minor) and Kuldip Chand (minor) respectively filed a written statement admitting the material averments of the plaint, whereas defendant Nos. 4 & 5, namely, Zora Singh and Nasib Singh respectively filed a joint written statement wherein they pleaded that they are bona fide purchasers of half (1/2) share of the suit land for a valuable consideration of Rs. 30,000/- without any notice, therefore, their rights are protected under Section 41 of the Transfer of Property Act 1882.

Replication controverting the averments made in the written statements was filed. On the basis of pleadings of the parties, the trial Court framed the fol