Judgement

Appeal (No. 74 of 1924) from a decree of the High Court (May 25, 1922) reversing in part a decree of the Subordinate Judge of the Attock District at Campbellpur.

The parties were Mahomedans belonging to one of the agricultural tribes called the Khattar. The suit was brought by the respondent claiming as sister of Ali Waris Khan, who died in 1904, to succeed to the property which had descended to him from their father Mohamed Khan upon the death of the last survivor of the latters two widows. The plaintiff-respondent claimed under Mahomedan law, and while admitting that in the tribe there was a custom by which a sister or daughter was excluded from succession in favour of collaterals, alleged that that custom did not apply to self-acquired property.

Both Courts in India found that part of the property claimed was self-acquired property. The Subordinate Judge dismissed the suit, but the High Court made a decree in the plaintiffs favour as to that portion of the property. The learned judges (Raoof and Qadir JJ.) were of opinion that the custom as alleged by the plaintiff was established by instances proved in evidence, although there was no certain evidence of mutation in ac