Law:

Section:

(a) Custom (Punjab)--- Where succession according to custom powers of alienation also controlled by custom. The question in this case really was as to whether Mst. Shahzadan Bibi inherited a full or a limited estate. If by the custom governing the parties she inherited a limited estate, she would not have the power to alienate the property at her own free will. Therefore, though apparently it seemed a question of alienation, it was really a question relating to succession and if in matters of succession the parties be governed by custom, the suit would obviously lie. The word `alienation' in fact does not find any place in section 5 of the Punjab Laws Act and the right of the reversioner to impeach is only based on his right of succession. It is only with the custom relating to succession that we are concerned in such cases and not with any custom of aliena­tion. (b) Riwaji-i-Am- Presumption in favour of custom even if no instances cited. If the Riwaji-i-Am does not contain any instance it is not correct to say it has no value as evidence in support of the alleged custom. The presumption, which it raises in such case in favour of custom, may not be so strong as it would be if instances were cited, but the presumption would be there. (c) Custom (Punjab)---- Declaratory suit-Cannot be dismissed on the ground that it is speculative. JUDGMENT B. Z. KAIKAUS, J.---This judgment will dispose of two Regular Second Appeals Nos. 328 and 329 of 1950, which though comprising different properties, relates to the same alienor. Facts relating to these appeals may be shortly stated. The property in dispute in both cases was owned by Riaz Hussain Shah, a Sayyed, of Mianwali District, on whose death the property was mutated half in the name of his widow Mst. Khurshid Bano and half in the name of Mst. Hakam Zadi, a daughter of Riaz Hussain Shah whose mother had predeceased Riaz Hussain Shah. After the death of Mst. Khurshid Bano the property standing in her name was mutated in favour of Mst. Shazadan Bibi, a daughter of Mst. Khursbid Bano and Riaz Hussain Shah. On the marriage of Mst. Hakim Zadi her half of the property too passed to Mst. Shahzadan Bibi, so that in this manner…

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