Law:

Section:

Custom (Punjab)  Ancestral and non-ancestral property-Ancestral property compris ing ancestral and non- ancestral property prior to consolidation of holding-Would not lose its ancestral character after consolidation Ancestral property traceable with reference to Khasra numbers -Not difficult to apportion ancestral and non-ancestral parts and to grant decree for possession of ancestral property. Date of hearing : 30th May 1974.                                                                                                                           JUDGMENT This appeal has arisen out of a usual customary suit for possession brought by Rehmat Ali appellant against Qasim, Hasham and Lal respondents Nos. I to 3, respectively, in respect of 68 kanals 7 marlas of land sold by his father Barkat Ali by means of registered sale-deed, dated the 16th of August 1940 (Exh. P. 2). Fazal Elahi respondent No. 4, a brother of Rehmat Alt, was impleaded as a pro forma defendant. The suit land was found by the trial Court to be non-ancestral qua the appellant. The issue of consideration and legal necessity was also answered against the appellant. The suit was accordingly dismissed. On appeal, the learned District Judge has come to. the finding under issue No. 2 (pertaining to character of the property), on scrutiny of the excerpt Exh. P. W. 2/2, that out of the total land sold measuring 68 kanals 7 marlas, only an area of 30 kanals is non ancestral. The rest has been held to be ancestral qua the appellant but relief has been refused on the ground that the ancestral property has been intermingled with the non-ancestral property and the personal holding of the alienees. On the issue of consideration and legal necessity, the finding of the trial Court has also been modified and it has been hell that though the sale was for consideration, legal necessity with respect thereto, to…