TEJA SINGH AND ORS. Vs. KESAR SINGHAND ORS.

JUDGEMENT

(1.) THIS is a Defendants' appeal against a judgment and decree of the Additional District Judge, Amritsar, allowing an appeal against a judgment and decree of Mr. Jagdish Narain Kapur who dismissed the Plaintiffs' suit.

(2.) IN order to understand the case it is necessary to refer to the following pedigree table of the family:

(3.) IN Rattigan's Digest at P. 218, there are given several cases showing that collateral succession was permitted in various districts and instances are given of Cheema Jats of Sialkot District and of Hindu Jats of Gurdaspur District. It is no doubt true that the custom as stated in Rattigan's Digest of Customary Law has to be taken as a statement of very high authority, but in the present case in the Riwaj -i -am of 1914 compiled by Sir Henry Craik question No. 91 and answer to it is as follows: