Law:

Section:

(a) Custom--- Agricultural tribe-Lohar whose sub-caste is Awan not necessarily belongs to an agricultural tribe. (b) Custom-General--- Agricultural custom governs compact village community whose occupation is agriculture. Agricultural custom governs members of a compact village community whose occupation is agriculture. The mere fact that a person is a member of a notified agricultural tribe does not at all raise any presumption that he is governed by custom, unless it be at the same time shown that he originally belonged to a village and was a member of some village community. Once it is shown that he was a member of such a community, the mere fact that he adopts some non-agricultural pursuit would not by itself show that he was no longer governed by custom. In that case the question would be one of abrogation of custom, i.e. whether he had so settled in urban life as to have severed all connections with agriculture. In the case of a person who does belong to an agricultural tribe but who lives in a city and carries on an urban pursuit and who is not shown to belong to a village, no presumption of applicability of agricultural custom arises. Mst. Sharifa Begum v. Court of Wards A I R 1940 Lah. 475 and Abdul Karim v. Ghulam Ghaus P L D 1951 Lah. 386 rel. JUDGMENT KAIKAUS, J.--This appeal arises out of a suit for possession of a house which has been decreed by the Senior Civil Judge, Rawalpindi. 2. The house admittedly belonged to Qutab Din who was the father of Muhammad Ibrahim plaintiff-appellant. Qutab Din died in the year 1921, leaving behind him the plaintiff, a widow who was the plaintiff's mother and two daughters. The mother too died in the year 1924. The plaintiff's case is that he is an Awan by caste and an agriculturist and in accordance with the agricultural custom by which he is governed he alone was entitled to succeed to the house in dispute. The defendants to the suit are one of his sisters, Mst. Zanab Bibi, and Qaim Din, the husband of this Mst. Zanab Bibi, who are in possession of the house. 3. The defendants pleaded that Qutab Din deceased was non­-agriculturist Lohar and was governed not by custom but by Muhammadan Law in accordance with…

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