MUSAMMAT NAULI Vs. KHERI

JUDGEMENT

(1.) This appeal arises out of a suit for possession of property and mesne profits. The plaintiffs are the reversioners of the last male owner and have brought their suit on the death of the last remaining widow against the daughters, and one daughter s son. Under Hindu Law, the daughters are entitled to succeed. The parties are Jats resident in the Sardliana Tahsil of the Meerut District. The plaintiffs, accordingly in para. 6 of the plaint, pleaded that according to a custom prevalent in the caste and brotherhood of their family, daughters and daughter s sons were excluded from inheritance and the defendants, therefore, had no title.

(2.) The main defence was a denial of the custom and a claim based on the ordinary Hindu Law.

(3.) The Court of first instance held that the evidence produced by the plaintiffs did not establish an immemorial invariable custom and dismissed the suit.