| Citation(s) |
|---|
| 1990 SLD 666 = 1990 MLD 1598 |
Lahore High Court
Regular Second Appeal No. 116 of 1967, decided on 2nd April, 1990.
Presented By: Before Gul Zarin Kiani, J
Rai Ayub Marth and Tayyab Aziz for Appellants Khizar Abbas Khan for
Respondent No.1. Yousaf Sohaib Khan for
Respondents Nos.2 to 7.
Regular Second Appeal No. 116 of 1967, decided on 2nd April, 1990.
Presented By: Before Gul Zarin Kiani, J
Rai Ayub Marth and Tayyab Aziz for Appellants Khizar Abbas Khan for
Respondent No.1. Yousaf Sohaib Khan for
Respondents Nos.2 to 7.
FARID through Legal Heirs--Appellants
VERSUS
Mst. INAYATAN and 2 others--Respondents
Law:
Section:
Counsel and client--- ---- Appeal before High Court---Despite adjournments, and intimation by the office of the Court, counsel of appellant failed to appear and assist the decision of the appeal---Intimation was also sent to the Bar Room but instead of responsibly responding to the anxiety of the Court to afford an hearing to the appellant who had waited for 23 years for the decision of his appeal, counsel for the appellant deputed another counsel to appear on his behalf merely to state that he himself was busy elsewhere---Such performance of professional duty by a counsel was not proper and was thus regretable. Custom (Punjab)--- ---- Jappa Rajputs are predominantly an agricultural tribe and were consulted at the time of preparation of Rewaj-i-Aam--- Initial presumption therefore arose that Jappa Rajputs were governed by Customary law. Custom (Punjab)--- ---- General Custom favoured the succession of the daughter to the self-acquired or non-ancestral property of her sonless father in preference to collaterals though near. Custom (Punjab)--- - --Jappa Rajputs of District Jhang allowed a daughter to succeed to the self-acquired property of her father to exclusion of collaterals. Custom (Punjab)--- ---- Daughter of a sonless deceased proprietor was married to a near collateral in the family in lifetime of her father---Evidence led to support the custom favouring the daughters was in accord with the general custom in Punjab which preferred the daughters in regard to self-acquired property of their father---Onus lay upon the collateral/defendant to prove that he had a right to inherit the non-ancestral land as against the daughter---Such burden was not sufficiently discharged by defendant and on the contrary voluminous evidence to negative his right had been recorded---Daughter thus was entitled to hold the land as its absolute owner in circumstances. Custom (Punjab)-- ---- Where a daughter of last male sonless proprietor succeeded to his estate excluding his collaterals, she did so as a full owner. Custom (Punjab)--- ---- Daughter of a sonless deceased proprieter was married to a near collateral in the lifetime of her father ever since 1928;…