Law: Civil Procedure Code (V of 1908)

Section: S. 11

  Civil Procedure Code (V of 1908), S. 11-Res-judicata Decision on existence of custom-Not pure question of law-- Decision to previous suit that father had no power under custom to make unequal distribution of his property (by gift) in favour of his sons-Operates as res-judicata provided decision was not erroneous.   Qasim Ali v. Puran Mal and others 1929 1 C 117 ; Taj Singh and others v. Chaudhari Hannu Prasad and others A I R 1940 All. 433 ; Mehadeyappa Bomappa Bhusaraddi v. Dharamppa Sanna Ningappa Bhusaraddi and others 1942 I C 203 ; Lala Moti Sagar v. Dhanna Mal and others A I R 1922 Lah. 329 ; Ahmad Khan v. Jawahar Singh and others A I R 1923 Lah. 16; Taliamand and another r. Muhammad Din and others A I R 1930 Lah. 907 ; Ganga v. Mahmud-un-Nissa Begum A I R 1925 All. 761 and Muazam Shah v. A lam Khan and others 44 P R 1908 ref.   Transfer of Property Act (IV of 1882), S. 126-Gift by father in favour of son-Second gift of same property along with some other property-Earlier gift deemed revoked at time of making second gift-Contract Act (IX of 1872), S. 62.   Custom (Punjab)-Alienation-Riwaj-i-am-Unsatisfactory and contradictory nature of answers given in riwaj-i-am-May be ignored.   Custom (Punjab)-Alienation-Gift-General rule against existence of power of gift-Entries in riwaj-i-am of contradictory nature-Existence of custom to be proved by party pleading same.   Custom (Punjab) - Alienation - Gift - Plaintiffs not challenging gift of small property made by their father to favour of his grandsons-Plaintiffs not thereby estopped from challenging other gifts made by their father. JUDGMENT   MASUD AHMED, J.-The following pedigree-table, which has been taken from the amended plaint, dated the 2nd July 1954, and which shows the relationship of the parties to this litigation, will be helpful in understanding the nature of dispute between them :-   Ahmadyar Khan = Mst. Bhagan alias Maryam (defendant No. 2). _________________________________|_______________________________ | | | | Mohd. Akram Mst. Shamim Mst. Asia Mst. Fazilat ┐ Khan Akhtar | (defendant (defendant (defendant (defendant | No. l). No. 5). No. 4). No. 3). |…