LAWS(PVC)-1948-10-25

MOHAMMAD JAN Vs. RAFI-UD-DIN

Decided On October 18, 1948
MOHAMMAD JAN Appellant
V/S
RAFI-UD-DIN Respondents

JUDGEMENT

(1.) These are consolidated appeals from two judgments and decrees of the High Court of Judicature, Lahore, dated respectively 4 November 1943, which set aside two judgments and decrees of the Court of the District Judge, Attock District, at Campbellpur, dated 28 April 1941, affirming two judgments and decrees of the Court of the Subordinate Judge, 1 Class at Campbellpur dated 12 December 1940.

(2.) The case raises the question whether the Qureshis, a Mohammadan tribe in the Punjab, of the village Paur Miana, are precluded by custom from alienating ancestral property except for necessity or with requisite consents.

(3.) The property was owned by two brothers, Abdulla and Ghias-ud-din, and it is conceded that in their hands the property in suit was ancestral property