BHAGAT SINGH Vs. JOGINDER SINGH

JUDGEMENT

(1.) The only point which arises for decision in this appeal is whether succession to the estate of Ram Singh deceased would be governed by the Pagwand or the Chundawand rule. The suit relates to certain agricultural land, houses and Taurs, the property of one Ram Singh who died in 1948-49. Ram Singh and two wives by the names of Mst. Rami and Mst. Thakuri. The plaintiff's Bhagat Singh and Thaman Singh are the sons of Ram Singh from Mst. Thakuri while Jogindar Singh defendant No. 1 is the son of Ram Singh from Mst. Rami. The present suit was filed in January, 1952 for a declaration to the effect that the plaintiffs were the owners of the suit-property to the extent of two-third share. Apart from other issues one material issue was :-

(2.) Both the Courts below came to the conclusion that they were so governed with the result that the suit was dismissed. The plaintiffs are dissatisfied and have come up to this Court in second appeal.

(3.) The parties are Saini Jats of village Urapur in Nawanshahr Tehsil of Jullundur District. It is common ground that at one time the rule which prevailed in the family was one of succession by Chundawand. The case of the plaintiffs, however, is that the aforesaid rule no longer governed the parties and that it had been replaced by the rule of Pagwand when the last settlement of Jullundur District took place. This settlement took place in 1913-17. In the Customary Law of the Jullundur District compiled by Rai Bahadur Bhai Hotu Singh during that settlement in answer to question No. 33 it was stated as follows :-