Law:

Section:

Custom (Punjab)--Succession-Chundawand or Pagwand­---Gakhars of Jhelum tahsil of Jhelum District-Prevailing rule is pagwand: The prevailing rule of custom among the Gakhars of Jhelum tahsil is pagward. There, has been a growing tendency since the previous Riwaj­-i-am of 101 (Talbot) to abide by the rule of pagwand. JUDGMENT M. R. KAYANI, J.-This is a first appeal by the defendants against a decision according to the rule of chundawand. The estate belonged to Muhammad Khan,, a Gakhar Bagial of village Bheth in Jhelum District, who had two wives, Mst. Fazal Begum and Mst. Said Nur Begum. The plaintiffs, who are two in number; are sons of Mst. Fazal Begum. The defen­dants, who are seven in number, are sons of Mst. Said Nur Begum. Muhammad Khan had land both in Jhelum District and in Chak No. 89 of. Lyallpur District, the latter being of greater value. The mutation, of the Jhelum land was attested according to the rule of chundawand and of that in Lyallpur District according to the rule of pagwand. In respect of the mutation relating to Lyallpur, the plaintiffs preferred an appeal, which having been rejected, they brought a suit for a declaration that their family was governed by the rule of chundawand. The trial Court, relying on the statement of custom in Talbot's Customary Law of Jhelum District, decreed the suit and the defendants appealed. A Bench of this Court remanded the case for the recording of further evidence by reason of the fact that although another Riwaj-i-am of Jhelum District had been com­piled by Mr. Thapar in 1941, it had not been printed until the judgment of the trial Court had been delivered, and when it was printed in 1946, it was found to contain a statement that members of the Gakhar tribe unanimously desired that their custom in future should, be pagwand. The trial Court was, therefore, required to take evidence of the instances within fifteen years of the death of Muhammad Khan so as to ascertain whether the custom of chundawand had been abandoned or abrogated and had been replaced by pagwand. The trial Court has submitted its report and is of opinion that the defendants have not succeeded in rebutting the entry in Talbot's Riwaj-i-am…

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