| Citation(s) |
|---|
| 1966 SLG 5079 = 1966 SLD 5079 = 1966 PLD 151 |
Lahore High Court
Regular First Appeal No. 36 of 1953, decided on 16th July 1965.
Presented By: Anwarul Haq and Mushtaq Hussain, JJ
Sh. Mahboob Elahi with Munir Ahmad for Appellant. Mian Muhammad Shafi with Afzal Haider for
Respondents.
Regular First Appeal No. 36 of 1953, decided on 16th July 1965.
Presented By: Anwarul Haq and Mushtaq Hussain, JJ
Sh. Mahboob Elahi with Munir Ahmad for Appellant. Mian Muhammad Shafi with Afzal Haider for
Respondents.
Mian MUHAMMAD TAHIR RAZA KHAN---Appellant
VERSUS
Mian LIAQUAT HAYAT KHAN AND OTHERS --Respondents
Law:
Section:
Custom (Punjab)-Ancestral property---Property to be regarded ancestral even though inherited through female-Property inherited by father from his maternal grandfather-Ancestral qua the son-Stare decisis. Rattigan's Digest of Customary Law, 13th Edn., p. 664; Lehna and another v. Mst. Thakri and another 32 P R 1895; Muhammad Hussain Khan and others v. Babu Kishwa Nandan Sahai A I R 1937 P C 233; Narotam Chand and another v. Mst. Durga Devi A I R 1949 E Pb. 109; 40 P R 1896; 74 P R 1899; 16 P R 1903; 110 P R 1906; 17 P R 1919; 70 I C 1920; 66 I C 402; 76 I C 604; Mst. Attar Kaur and Dula Singh v. Nikkoo and others 5 I L R (1924) Lah. 356; A I R 1925 Lah. 190; 13 I L R (1926) Lah. 1.26; 122 I C 226; (1930) 31 P L R 125 and Rana v. Muhammad Afzal Khan P L D 1949 Lah. 435 ref. Custom (Punjab)-Rules of custom prevailing in Punjab Not identical with rules of Hindu Law. Custom (Punjab)---Interpretation Judicial decisions Important proof of custom-Long chain of judicial decisions on particular point-Themselves create custom which must be deemed part of customary law. Precedent-Stare decisis-Enunciation of-Long established course of decisions-Cannot be overruled except in cases where serious inconvenience or injustice would follow in perpetuating erroneous construction or ruling of law-Doctrine not limited to matters where concrete and tangible rights in immovable property come into existence-Applicable to other matters as well where Courts have taken particular view in long line of decisions over long period. Halsbury's Laws of England, Third Edn.; Vol. XXII, para. 1690; Alfred Granville Ross v. The Queen P L D 1957 P C 151 and Allah Bakhsh v. L. Chet Ram and another A I R 1945 Lah. 123 ref. Custom (Punjab)-Ancestral property-Dispute between various claimants ultimately ending in family arrangement Effect-Course of inheritance thereby not deflected so as to alter ancestral nature of property. Lalla Oudh Beharee Lall v. Ranee Mewa Konwar (1868) 3 Agra H C R 82; Khunni Lal and others v. Munwar Gobind Krishana Narain and another 10 I C 477; Debtor v. M. Udit Pershad 90 I C 779; Tej Bahadur Khan v. Nakko Khan…