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1948 Supreme(SC) 74

Mohammad Jan and another – Appellant
Versus
Rafi-ud-din and others – Respondent


Advocates Appeared:
Hy. S.L. Polak and Co., Robert Ritson

Sir John Beaumont.-

These are consolidated appeals from two judgments and decrees of the High Court of Judicature, Lahore, dated respectively 4th November 1943, which set aside two judgments and decrees of the Court of the District Judge, Attock District, at Campbellpur, dated 28th April 1941, affirming two judgments and decrees of the Court of the Subordinate Judge, 1st Class at Campbellpur dated 12th December 1940.

[2] The case raises the question whether the Qureshis, a Mohammadan tribe in the Punjab, of the village Paur Miana, are precluded by custom from alienating ancestral property except for necessity or with requisite consents.

[3] The property was owned by two brothers, Abdulla and Ghias-ud-din, and it is conceded that in their hands the property in suit was ancestral property

[4] On 26th August 1924, Abdulla and Ghias-ud-din sold part of the lands in suit to the appellants, Mohammad Jan and Shera, for Rs. 1,800 by a registered sale deed, and on 29th May 1938, they sold the remainder of the lands in suit to the appellant Mohammad Jan for Rs. 60. Subsequently Abdulla died.

[5] On 1st March 1940, the respondent Mumtaz Hussain who was a son of Ghias-ud-din, commenced the first su






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