MUSAMMAT BHAGWANI Vs. KHUSHI RAM

JUDGEMENT

(1.) This is a defendants appeal arising out of a suit for possession of the estate of one Harbans, by caste Jat, who died about August 17th, 1907, leaving him surviving his two daughters, Musammat Bhagwani and Musammat Risal Kunwar, the defendants-appellants, and three reversioners Khushi Ram, Nihal and Jhanku, Harbans was the son of Shadi Ram who had two brothers, Neehal and Ganga Ram The three reversioners were all grandsons of Neehal through his sons Heth Ram,Har Lal and Pat Ram.

(2.) The first plaintiff is Khushi Ram, plaintiffs Nos. 2--6 are the sons of Nihal and plaintiff No. 7 is the son of Jhanku. Nihal and Jhanku have died since the death of Harbans. On the death of Harbans his two daughters obtained possession of his estate and secured mutation of names by an order dated 9th October 1907.

(3.) The parties are Jats resident in the Meerut District of the Province of Agra. The plaintiffs pleaded (vide paragraph 2 of the plaint) that according to a custom (1) of the family, (2) of the village, (3) prevailing in the neighbourhood and (4) among Jats in general, daughters and daughters sons have no right of inheritance.