ALI MOHAMMAD Vs. KARIMA

JUDGEMENT

(1.) THE controversy here is with regard to law governing succession amongst Muslim Kambojs of village Jamalpura of Tehsil Malerkotla, namely ; whether custom or Muslim Personal Law applies. The contest being between the sons and daughters of Shahzada, who died on September 19, 1974 leaving behind the property in suit.

(2.) THERE is a conflict of judicial precedents in the matter, in that, in Babu and Anr. v. Halima, (1983) 85 P. L. R. 335 it was held by J. V. Gupta, J. that Kambojs of Malerkotla are predominantly an agricultural tribe and are governed by custom in the matter of inheritance. G. C. Mital, J. on the other hand in Abdul Rahim and Ors. v. Yusaf and Ors. , (989-l) 85 P. L. R. 200. held that Mohammadan Kambojs of village Jamalpur, Tehsil Malerkotla are governed by Personal and not Customary Law, for the purposes of succession. It is this conflict of view that led N. K. Kapoor, J. to refer this matter to a larger Bench.

(3.) AS mentioned earlier, the property in suit was owned by Shahzada, who died in September 1974. The plaintiffs here are the three daughters and son-Ali Mohammad while the defendant is the other son-Ali Mohammad of the said Shahzada. After the death of Shahzada, Ali Mohammad took possession of the property left behind by his father and now asserts his title to it, both, on the law governing succession applicable to the parties, as also a Will said to have been made in his favour by his father. According to the defendant. Ali Mohammad, the parties were governed by Custom and in terms thereof, daughters were not entitled to succeed to the estate of their father. The plaintiffs-daughters on the other hand, averred that the parties were governed by Muslim Personal Law, according to which daughters too are entitled to succeed to the estate of their father, though their share is not the same as that of the sons. The Will set up by Ali Mohammad was also contested.