Judgement

Appeal (No. 17 of 1939) from a judgment and decree of the High Court (January 18, 1937), which reversed a decree of the Assistant Collector, First Grade, Lahore (May 8, 1935).

8 Law. Rep. 68 Ind. App. 104 ( 1940- 1941)

Sardar Nisar Ali Khan V. Fatima Sultan 19

The following facts are taken, substantially, from the judgment of the Judicial Committee The suit out of which this appeal arose was brought by three sons of the late Sir Fateh Ali Khan against seven defendants, namely, Sir Fatehs widow and his five daughters, and a fourth son, who was absent in England, and who was also joined as a defendant.

The relief claimed was a declaratory decree to the effect that the plaintiffs and the defendant son were the heirs of Sir Fateh, and exclusive owners of the lands specified in the plaint ; and that the defendants, the widow and daughters, had no right therein. The foundation of the claim was that by the custom of the family women did not inherit. The family were Shiah Mahomedans of the Asna Ashari sect.

The alleged custom was admitted by the widow and all the daughters, except one, namely, Fatima Sultan, the first respondent.

The Assistant Collector held that the alleged custom