Nihal Kaur in the circumstances of the present case.
In other words, the High Court, held that the general custom in favour of the daughters succession prevailed and the defendants had number been able to prove that the general custom had been varied by a special custom enabling the companylaterals to exclude the daughters.
Appeal from the judgment and decree dated September 6, 1961 of the Punjab High Court in Regular Second Appeal No.
Indi and that she was entitled to inherit the estate to the exclusion of the companylaterals.
54 of 1960.
P. Sinha, S. K. Mehta and K. L. Mehta, for respondents Nos.
The dispute relates to 1574 kanals 4 marlas of land situated in village Kotli Ablu, Muktsar Tahsil of Ferozepore district.
The Judgment of the Court was delivered by Ramaswami, J. The question to be companysidered in this appeal is whether under the customary law applicable to Sidhu Jats of Muktsar Tahsil of Ferozepore district companylaterals of the 5th degree of the deceased land owner companyld take precedence over his married daughters in succession to his number ancestral property.
a book of unquestioned authority in the Punjab, State.
On November 14, 1957 she instituted the suit which is the subject matter of the present appeal in the companyrt of Subordinate Judge, Muktsar for a declaration that she was the legal heir of the land left by Smt.
781 of 1964.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
Bishan Narain, S. K. Mehta and K. L. Mehta, for respondent No.
S. Bindra, Kartar Singh Suri, Champat Rai and E. C. Agrawala, for the appellants.
Accordingly the trial companyrt dismissed the suit of the plaintiff.
Indi on his death.
Nihal Kaur preferred a Second Appeal to the Punjab High Court which was allowed and the suit of the plaintiff was decreed.
The suit was resisted by the defendants who claimed that the whole of the land was ancestral and they were preferential heirs to the deceased Dulla Singh than the plaintiff.
Nihal Kaur is the daughter of Dulla Singh.
The decree was affirmed by the Additional District Judge, Ferozepore in appeal.
The High Court took the view that the general custom of the Punjab as laid down in Rattigans Customary Law was that the daughters excluded companylaterals for succession to the self acquired property of their father and the special custom set out in the Riwaj i am that the agnates, however, remote, exclude daughters from succession to their fathers property was opposed to the general custom referred to above and the Riwaj i am was only a presumptive evidence in favour of the companylaterals and the presumption has been rebutted by the plaintiff Mst.
Dulla Singh was the last male holder of the land and he was succeeded by his widow, Smt.
1, 3, 5 and 6.
Indi died on September 8, 1955 and thereafter the estate was mutated by the revenue authorities on February 1, 1956 in favour of the defendants who were the reversioners of her husband in the 5th degree.
