Law: Civil Procedure Code (V of 1908)

Section: O. Vl, r. 2, 115

(a) Custom (Punjab) Inheritance-Females under custom generally succeed as limited owners and not as full owners-No special custom to contrary alleged-Land, held, inherited under custom as limited owner and gift made by female void. Customary Law by Aggarawala, 1944 Edn., pp. 84 & 86 ; Gaman v. Mst. Aman 171 P R 1888 and Gujjar Singh v. Mst. Chando and others 1571 C 950 ref.' (b) Civil Procedure Code (V of 1908)  O. Vl, r. 2 & S. 115-Pleadings.-Pleas, raising of-Pleas, involving questions of fact, not raised in written statement-As such issues in this behalf not framed-Pleas not raised even before appellate Court-Such pleas, held, cannot be allowed to be taken at revisional stage.-[Pleading-Question of fact-Revision (civil)]. Dates of hearing : 27th February; 3rd, 5th and 17th March 1979.                                                                                                                                JUDGMENT This civil revision is directed against the judgment and decree, dated the 20th September, 1977, passed by the Additional District Judge, Sialkot, whereby he dismissed an appeal preferred by the petitioner. Ibrahim. In that appeal, he assailed the judgment and decree, dated the 7th October 1971, of the Civil Judge, Narowal, District Sialkot, by which he had &;reed a suit brought by the respondents, Muhammad Sharif and twenty-four others against the petitioner.  2. The suit related to 71 kanalv and 6 marlas of land situate in the revenue estate of hairianwala, Tehsil Narowal, District Sialkot. This land originally belonged to one Nawab. His son Abdullah expired during the lifetime of Nawab. Therefore, on the death of Nawab, the suit land devolved upon his grandson, Allah Ditta (son of Abdullah). Allah Ditt died without having married. On his death, therefore, the land was inherited by his grandmother,…