BEG Vs. ALLAH DITTA

JUDGEMENT

(1.) THIS is an appeal from a judgment and decree of the Chief Court of the Punjab, dated December 23, 1908, and arises out of a suit instituted by the plaintiffs (respondents) so long ago as April 4, 1900, in the Court of the Additional District Judge of Jhang, for possesBion of some landed property situated in that district.

(2.) THE property in suit was owned and possessed by one Shahamad, a Mahomedan Jat, belonging to the sub-community of Dhabs, settled in the Jhang district in Southern Punjab. Shahamad died many years ago, leaving a widow, Sahib Bibi, and a daughter named Jindwadi, who was married to a near cousin of the name of Daim. The defendant (appellant) is the son of Daim and Jindwadi. On Shahamad's death his widow succeeded to his entire inheritance and remained in possession until her death, which is stated to have occurred a year before the litigation commenced. On the widow's death Jindwadi, acting on behalf of her son, obtained an order from the Collector for the registration of his name in the Revenue Registers as proprietor in succession to Shahamad.

(3.) THE suit was brought against Beg, who was an infant at the time under the guardianship of his mother. He denied the plaintiffs' title to the inheritance of Shahamad "in the presence of his daughter and grandson." He further alleged that Shahamad had executed a will under which also he was entitled to his grandfather's estate. He also stated that his father, Daim, lived and worked with Shahamad in his lifetime. It is unnecessary to refer to the earlier stages of the suit, which proved infructuous. The first adjudication on proper issues was made by the District Judge on December 20, 1902. The real controversy between the parties is clear from the issues framed by him and his judgment thereon. It appears that, whilst the plaintiffs based their claim to possession on a general custom of agnatic succession in their community or tribe, the defendant, without, so far as their Lordships can see, admitting the contention, alleged that a daughter married to a collateral who takes up his abode in the father-in-law's house and is known as the khana-damad, or resident son-in-law, succeeds to her father's inheritance to the exclusion of the agnates. And in support of this special custom he produced the riwaj-i-am, or official records of custom, in addition to a considerable amount of oral testimony.