Earlier declaratory decree survives amendment and supports possession claim over gifted property.

The 1973 amendment to the Punjab Custom (Power to Contest) Act barred fresh challenges to alienations on custom, but it did not nullify an earlier final declaratory decree already obtained against the gift. That decree had declared the gift non-binding on the reversioners and, under the statutory scheme, continued to operate for the benefit of those entitled to share in the deceased's property at the time of death, including the adopted son. The respondent relied on that existing decree rather than re-contesting the gift, so the amendment did not defeat his claim to possession of the gifted property. The appeal failed.

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Issues: Whether the 1973 amendment to the Punjab Custom (Power to Contest) Act barred the respondent from relying on the earlier declaratory decree obtained against the gift, and whether that decree enured to the respondent's benefit so as to entitle him to possession of the gifted property.

Analysis: The prior suit had already resulted in a final declaratory decree that the gift was not binding on the reversioners. The respondent in the later suit did not seek to contest the validity of the gift afresh; he relied on the consequence of the earlier decree, namely that on the donor's death the gifted property stood from the gift. The amendment of 1973 barred fresh contests to alienations on the ground of custom, but it did not undo a decree already obtained or render it ineffective. The earlier decree, under the statutory scheme, operated for the benefit of persons entitled to share in the deceased's property as it stood at the time of death, including the adopted son.

Conclusion: The amendment did not defeat the respondent's claim, and the earlier declaratory decree continued to support his right to possession. The appeal failed.

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