Regular Second Appeal No. 1594 of 2010 -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Regular Second Appeal No. 1594 of 2010 Date of decision : February 08, 2011 Sapat and others ....Appellants versus Nek Mohammad ....Respondent Coram: Hon'ble Mr. Justice L.N. Mittal Present : Mr. Lokesh Sinhal, Advocate, for the appellants L.N. Mittal, J. (Oral) This is second appeal by legal representatives of original plaintiffs Kalu and Resham Khan both since deceased, having failed in both the courts below. Plaintiffs in the suit challenged sale of suit land made by defendant no. 2 Smt. Hasanbi (since deceased) in favour of defendant no. 1 vide sale deed 30.8.1982 on the ground that the sale was in contravention of the custom governing parties. The plaintiffs claim themselves to be collaterals of husband of defendant no. 2. After the death of defendant no. 2 during the pendency of the suit, the plaintiffs by amendment of plaint also claimed relief of possession of the suit land. Regular Second Appeal No. 1594 of 2010 -2- The suit was contested by defendant no. 1 on various grounds. Learned Civil Judge (Junior Division), Ferozepur Jhirka vide judgment and decree dated 26.2.2009 dismissed plaintiffs' suit. First appeal preferred by plaintiffs has been dismissed by learned Additional District Judge, Fast Track Court, Nuh vide judgment and decree dated 11.11.2009. Feeling aggrieved, legal representatives of plaintiffs have filed the instant second appeal. I have heard learned counsel for the appellants and carefully gone through the case file. It is conceded by learned counsel for the appellants that the impugned sale made by defendant no. 2 was challenged only on the ground of being in contravention of the custom governing the parties. However, in view of section 5 of the Punjab Custom (Power to Contest) Act, 1920 (in short, the Act) as applicable to Haryana, no alienation made by female can be challenged. Consequently, the plaintiffs had no right to challenge the sale made by defendant no. 2 in favour of defendant no. 1 on the ground of being in contravention of the custom. In view of the aforesaid, without going into other aspects of the case, I find no merit in the instant second appeal which is accordingly dismissed in limine. ( L.N. Mittal ) February 08, 2011 Judge 'dalbir'