Lord Shaw. -

This is an appeal against a judgment and decree dated the 9th April 1924, of the High Court of Judicature at Lahore, which reversed the judgment and decree of the 1st December 1919, of the Subordinate Judge at Ludhiana.

Sardar Jawala Singh was a jaghirdar possessed of certain properties in the Ludhiana and Ferozepore Districts of the Punjab. He lived in the village of Bhikki Khatra, in the Ludhiana District.

Jawala died on the 19th August 1915, leaving two widows. The elder, Harnam Kuar, was childess. The younger, Bhagwan Kuar, had borne to him a daughter, who at the date of his death was ten years old. These constituted the house hold.

It is admitted that according to the law in operation in that part of the Punjab, if there had been a son in the household, he would have succeeded to the properties ; but that, failing a son, and there being only a daughter, the estate would fall to a collateral male relative. That relative was a step brother named Gurbakhsh Singh, who is the present appellant. If, however, a posthumous son was born, then that posthumous son would, of course, succeed, the household would be kept together, and Gurbakhsh, the step-brother, would have no rig