Judgement

Appeal from a judgment and decree of the Chief Court (December 23, 1908) reversing a decree of the Divisional Judge of Shahpur (February 3, 1904) which affirmed a decree of the District Judge of Jhang.

The parties belonged to the small tribe of Dhabs, a branch of the Jats, which had for many generations been settled in the Jhang district of the Punjab. The tribe was endogamous in practice, and all its members were Mahomedans. Shahamad had a daughter, Jindwadi, but no son. Jindwadi married Daim, who was the son of her fathers first cousin, and, as found by the Courts in India, a khana-damad, or resident son-in-law.

In 1884 Shahamad executed a will in the following terms " I air now sixty years old. I have no male issue, nor have I any hope to have any. Daim, son of Ahmad, caste Dhab, is my son-in-law. He has been living with me since his Royhood, and has served me as a son. If a son is born of my daughter he, after the death of my wife and myself, shall be considered as my adopted son. He shall succeed to the entire property movable and immovable." The appellant, Beg, was the son of Daim and Jindwadi. After Shahamads death his widow enjoyed his property, Daim and Jindwadi