Law: Civil Procedure Code (V of 1908)

Section: O. I, r. 1 & O. XXII, r. 2

(a) Civil Procedure Code (V of 1908)  O. I, r. 1 & O. XXII, r. 2-Appeal, abatement of-Party not necessary to proceedings dying and his interest not in conflict with that of other respondents but on other hand identical-Appeal does not abate in circumstances. Alam Khan and others v. Syed Mastan Shah and others P L D 1969 Pesh. 234 distinguished. Muhammad Amin v. Khamiso and another P L D 1956 Lah. 242 and Munshi Ram v. Abdul Aziz A I R 1943 Lah. 252 ref. (b) Custom (Punjab) -Agricultural tribe-Party not belonging to village compact life, nor depending on agriculture but adopting urban life-Mere fact of his belonging to notified agricultural tribe-Not sufficient to show that he followed custom. Abdul Karim and others v. Ghulam Ghaus P L D 1951 Lab. 386 ; Muhammad Latif v. Muhammad Hafeez and others P L D 1951 Lab. 479 and Qaim Din and another v. Muhammad Ibrahim P L D 1958 Lab. 496 ref. Dates of hearing : 15th and 16th April 1974.                                                                                                                       JUDGMENT This second appeal arises out of a judgment of the learned Senior Civil Judge with enhanced appellate powers, Rawalpindi, dated 22nd December 1959, whereby he reversed the finding of the Additional Civil Judge Second Class dated 18th December 1958, dismissing the suit of the plaintiff. 2. Brief facts of the case are that Mst. Ferozan sold land measuring 13 marlas 4 sarsahis situate in Mohalla Akalgarh, Rawalpindi City, in favour of Mst. Shah Jahan Begum by registered sale-deed dated 18th July 1953. The plaintiff as the collateral of the last male-holder sought a declaration that the alienation made by Mst. Ferozan in favour of Shah Jahan Begum be declared inoperative. The plaintiff averred that he and the husband of Mst. Ferozan followed custom in matters of alienation, the land in suit was ancestral qua the…