| Citation(s) |
|---|
| 1951 SLG 154 1951 SLD 154 1951 PLD 443 |
Lahore High Court
Regular Second Appeal No. 31 of 1950 decided on 28th May, 1951, from the decree of District judge, Jhelum, dated the 22nd October 1949, modifying that of Sub-Judge, 1st Class, Pind Dadan Khan, dated the 21st March, 1949.
MUHAMMAD KHURSHID ZAMAN, J
M uhammad Shaft, for Appellant. Syed Mohsin Shah, for
Respondents.
Regular Second Appeal No. 31 of 1950 decided on 28th May, 1951, from the decree of District judge, Jhelum, dated the 22nd October 1949, modifying that of Sub-Judge, 1st Class, Pind Dadan Khan, dated the 21st March, 1949.
MUHAMMAD KHURSHID ZAMAN, J
M uhammad Shaft, for Appellant. Syed Mohsin Shah, for
Respondents.
RAJA KHAN
VS
MUHAMMAD BAKHSH and others
Law:
Section:
(a) Custom (Punjab)-Alienation of ancestral property-Necessity-Question of fact-Second appeal.The general rule is that necessity is a question of fact, unless it is shown that the finding of the lower appellate Court is not based on any evidence. Second appeals, so far as they relate to the question of necessity, are concluded by findings of fact. (b) Custom (Punjab)-Alienation of ancestral property-Awans of Pind Dadan Khan Tahsil of Jhelum District-Have unrestricted powers even in absence of necessity. Held that an Awan (in this- case sonless) of Pind Dadan Khan Tehsil of Jhelum District enjoys unrestricted powers in the matter of alienation of his ancestral property, even without necessity, and that the presumption arising from answer 120 of the latest Customary Law was sufficiently rebutted. A. I. R. 1928 Lah. 523 rel.; 53 P. R. 1899; 88 P. R.' 1911 ; 56 P. R. 1915; 100 P. R. 1912; A. I. R. 1931 Lah. 266; A. 1. R. 1929 Lah. 769; A. I. R. 1935 Lah. 532; 72 P. R. 1914; 25 1. C. 715 ref: JUDGMENT M. KURSHID ZAMAN, J.-The appellant instituted a suit to challenge certain alienations made by his father Gul Sher and his uncle Fateh Sher. Some of these alienations were made by his father, some by his uncle and some by both jointly. The following 4 alienations are material for the purposes of this appeal :- (1) Sale of 50 Kanals 3 Marals of land by Gul Sher and Fateh Sher in favour of Jamadar Muhammad Bakhsh son of Zabardast (defendant No. 3) for Rs. 2,400. The sale took place on the 7th July 1937 and the mutation was sanctioned on the 9th January 1938. (2) Sale of 12 Kanals and 15 Marlas of land by Gul Sher alone in favour of Khuda Bakhsh (defendant No. 4) by means of a registered sale-deed dated the 1st July 1944 for Rs. 1,000. (3) Oral sale of one-half of 7 Kanals and 12 Marals of land by Fateh Sher alone in favour of Malak Khan (defendant No. 5) for Rs. 200. The date of this sale has not been brought on the record- (4) Oral sale of 9 Kanals and 17 Marlas of land by Gul Sher in favour of Muhammad Bakhsh and Allah Bakhsh (defendant 6 and 7) for Rs. 600. The sale took place on the 24th October 1936 and mutation was sanctioned on the 17th November 1936. The…
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