Law:

Section:

Custom (Punjab)------Jats of Jhelum District-Custom whether permit making of gift in favour of a sister's daughter-Special Leave to Appeal granted by Supreme Court M consider question. A Book on General Code of Tribal Customs, 1946 Edn. By P. N. Thapar. Ghazanfar Ali Gondal, Advocate Supreme Court instructed by S. Wajid Hussain, Senior Attorney for Petitioners. Nemo for Respondents. Date of hearing : 12th October 1967. ORDER HAMOODUR RAHMAN, J.-This is a petition for special leave to appeal from a judgment and order of a Division Bench of the High Court of West Pakistan, Lahore, dismissing a regular second appeal. The said appeal arose out of a suit filed by the petitioners for a declaration that a gift of land made by their brother Ali Ahmad (respondent No. 2) in favour of his sister's daughter by means of a registered deed of gift executed on the 19th December 1955, was invalid, on the ground that under customary law the donor was not competent to transfer it by means of a gift to such a female relation. The respondents contested the suit alleging that although they were governed by custom the property was not ancestral and that the custom of their tribe permitted such a gift. The trial Court, however, held that the gift was invalid and decreed the suit. On appeal, the District Judge took the view that the properties were ancestral but held that their local custom did permit the making of such a gift in favour of sister's daughter. The decree of the trial Court was, therefore, reversed and the suit was dismissed. In the High Court in second appeal the only point agitated was that regarding the power to make such a gift under the custom by…

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