Judgement

Appeal from a judgment and decree of the Court of the Judicial Commissioner of Sind (January 9, 1912) reversing the decree of the District Court (May 31, 1910).

The litigation related to the estate of Mir Hussein Ali Khan of Talpur, a Mahomedan, who died intestate on January 30, 1907, leaving no widow or issue. The suit was instituted by the appellant, a son of a half-brother of the deceased, against the respondents, who were respectively the sister of the deceased and the sisters son. The pleadings raised an issue whether the deceased was a Sunni or a Shia; both Courts held, in the respondents favour, that he was a Shia. The main question arising upon the appeal was whether the appellant had established a family custom which he alleged. The custom was put forward in different forms, but in substance it was that in the family of the deceased daughters were excluded from inheritance in favour of sons, and sisters in favour of male paternal collaterals.

The trial judge held that the custom was established by the evidence, but that decision was reversed upon appeal.

The facts are stated in the judgment of their Lordships.

1917. July 2, 3, 5, 6, 9, 10, 12. P. O. Lawrence, Z.C