Judgment

Fazl Ali, J. - While agreeing generally with my learned brother, Mahajan J., I wish to say a few words to indicate the main ground on which I would dismiss this appeal.

2. There are a number of authoritative decisions dealing with the special features of ghatwali property one of which is said to be that if the ghatwal is a member of a joint family, the family has no right over the property while it is in his hands. (See Durga Prashad Singh v. Tribeni Singh, Ind. App. 251 (P. C.). The logical corrollary from this characteristic of ghatwali property would seem to be that it is more in the nature of exclusive property of the ghatwal then of joint family property. Nevertheless, in some cases, succession to such property has been determined with reference to the rules of Hindu Law regarding joint property, where the ghatwal was found to be a member of the joint family. As at present advised, I am not prepared to say that those cases were wrongly decided, but I think it will not be incorrect to say that custom and usage are also important factors governing succession to ghatwali property, and it is conceivable that while in some cases custom may develop on the lines of Hindu law r