Mehtab Bibi vs Din Mohammad - 1924 Supreme(Lah) 97

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1924 Supreme(Lah) 97

MARTINEAU
Mehtab Bibi – Appellant
Versus
Din Mohammad – Respondent

JUDGMENT

Martineau, J. - The dispute in this case is as to the right of succesion to the estate left by Muhammad Din, an Arain of Mauza Nawankote in the Lahore District. His land was mutated in favour of Amir, his mother's father's brother. Amir has died and the present defendant in his son. The plaintiff, who lays claim to the estate, is the deceased Muhammad Din's half-sister', their father having had two wives, one of whom, Talia Bibi, was the mother of Muhammad Din, and the othar the mother of the plaintiff. The First Court found for the plaintiff, but the District Judge on appeal has dismissed the suit. The plaintiff has obtained a certificate from the District Judge on the question of custom and has filed a second appeal.

2. I heard the appeal ex parte and decided it in favonr of the appellant, but on the respondent's application set aside the exparta decree and have heard the arguments of counsel on his behalf, That a sister has a right of successsion by the custom of Arains of the Lahore District is established by the entry in the rewaj-i-am, which is supported by several instances and also by several judicial decisions which are mentioned in the first Court's judgment. It wa

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