Law:

Section:

(a) Riwaj-i-Am-Entry ire latest-Presumption of correct­ness even though unsupported by instances-Entry adversely affecting rights of females-Onus to Prove entry wrong, light. Bhakral Rajputs of Gujar Khan Tehsil-of Rawalpindi District-­Power of gift. It is well-settled that an entry in the latest Rizuaj-i-Ain is sufficient to raise a presumption in favour of its correctness, even though it may be unsupported by instances. The onus was clearly on the females to prove that they were preferential heirs in competition with reversioner's. This burden, however, is a light one, as the entry adversely affects the rights of females who had very little opportunity of appearing before Revenue Officers to assert their claims at the time when tribal customs came to be investigated. Rawalpindi is one of the western districts of the Punjab and it is well-known that these western districts have been more influenced by Muhammadan Law than the Central Districts of the Punjab. The daughter's rights are therefore regarded with more consideration in these Districts as compared with those where the agnatic theory of custom is applied in all its rigour. Considering that the older Riwai-i-Am is in favour of the competency of the gift and that there are five instances of Bhakrals and one of Dhanial Rajputs in favour of the daughters as against the two against them the onus, which lay on the daughters to disprove the correctness of the entry in the 1910 Riwaj-i-Am, had been successfully discharged. The earliest Riwaj-i-Am serves as a very useful check on subsequent Riwaj-i-Ams and may even be regarded as the most important document in which custom has been recorded. A. I. R. 1939 Lah. 259 ; A. I. R. 1936 Lah. 68 ref. (b) Custom (Punjab)-Power of testation a later development generally than Power of gift inter vivos. There is ample authority for the proposition that the power of testation is a later development generally than the power of gift inter vivos among tribes governed by custom. The two powers are generally co-extensive. P. L. R. 1951 Lah 27 ; 48 P. R. 1903 ; A. I. R. 1938 Lah. 527 D. B., A. I. R. 1931 Lah. 450. JUDGMENT S. A. RAHMAN, J.-The facts giving rise to this Letters…

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