Law:

Section:

Custom (Punjab)---- ---Alienation of ancestral property by member of agricultural tribe-intending alienee bound to make honest enquiry as to valid necessity that alienor was transferring property for some valid object recognize ed by custom. Any person dealing with an agriculturist governed by the Customary Law, is presumed to know that the latter's powers of alienation are limited and that the alienation could not be made without some necessary purpose. In view of this presumption, there is a duty cast upon the intending alienee, to satisfy himself that the ancestral property was going to be transferred for some valid object recognised by the Customary Law. It may be taken to be an established proposition of law that before entering into a dealing with an agriculturist, some enquiry must be made and where a person did not choose to make any enquiry, he shall suffer, if the purpose for which the money was raised, did not turn out to be a necessary one. Either (a) there should be necessity in fact or (b) there should have been made a bona fide enquiry before entering into the transaction. If neither of these things is proved, the alienation would not in any way be binding upon the persons who might have a right to inherit on the death of the alienor. A I R 1938 P C 77 ; A I R 1939 P C 150, referred to. The recitals in a document are not per se proof of the facts asserted. A I R 1916 P C 110, relied on. JUDGMENT MUHAMMAD SHARIF, J.-This is an appeal by the plaintiff against the judgment and decree of the learned Sub-Judge, First Class, Hafizabad, dated 18th of June 1945 by which he dismissed the suit for declaration under custom impeaching his father's alienations. On 5th of November 1940, Lakha executed a mortgage with possession of 316 kanals 11 marlas of land for Rs. 5,000 in favour of Sultan Ahmad, son of Ch. Amir. This mortgage was included in the later sale-deed of 8th of August 1942, according to which the property was sold for Rs. 12,000 in favour of Ch. Ghulam Muhammad and Ali Akbar, sons of Ch. Shahabal Khan one ­half and Ch. Muhammad Ali, son of Ch. Sultan Mahmud one-half. The suit was instituted on 19th of December 1943, on the allegations that the…

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