(1.) In this second appeal the sole question for decision is whether the estate of a proprietor dying without leaving any heirs the inheritance goes to the 'pattidars1 belonging to all tribes or to those who belong to the same tribe or 'got' as the deceased owner.
(2.) The land in dispute belonged to Bhola, a Rajput Chohan of Kurali. On the 18th of January, 1942, he died without leaving any heirs. On the 6th of October, 1943, the land was mutated in favour of Patti Mohar Singh irrespective of the caste to which they belonged. On the 11th of May, 1946, the Rajput proprietors of the Patti brought a suit for declaration that they were entitled to exclude proprietors De-longing to tribes other than Chohan Rajputs. The village is a heterogeneous one. Both the Courts below have held, relying on documents Exhibits P. 7 and P. 15 giving the custom of this Tehsil, that Rajputs would exclude the other proprietors in the Patti with regard to succession to the estate of Bhola.
(3.) Mr. Pandit has submitted that on a correct interpretation of the entries in Exhibits P. 7 and P. 15 all the 'pattidars' have equal rights of succession. The entry in Exhibit P. 15 is as follows: