| Case ID |
1582535e-51c4-4a78-95c8-3ffe07265c7d |
| Body |
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| Case Number |
First Appeal No. 404 of 1945 |
| Decision Date |
Jan 25, 1949 |
| Hearing Date |
|
| Decision |
The appeal was accepted, reversing the judgment and decree of the lower court. The plaintiff, Ghulam Muhammad, is entitled to a decree that upon the death of the alienor, he shall have the right to be placed in possession of the property sold, upon payment of Rs. 4,800. The court ruled that the alienation of ancestral property was not binding due to lack of legal necessity for the transactions made by the alienor, Lakha. The court emphasized the importance of the intending alienee's duty to inquire into the necessity behind such transactions, establishing a precedent for future cases involving customary laws governing alienation of property. |
| Summary |
This case revolves around the appeal filed by Ghulam Muhammad against the dismissal of his suit for declaration under customary law, which challenged the alienation of ancestral property by his father, Lakha. The court examined the principles of customary law in Punjab, particularly regarding the alienation of property by agriculturists. It found that any alienation must be based on necessity and that the burden of proof lies on the alienee to demonstrate either legal necessity or a bona fide inquiry into the necessity claimed. The court ultimately held that the transactions in question did not satisfy these requirements, thereby protecting the plaintiff's rights to the ancestral property. This case highlights the critical importance of legal due diligence in property transactions, especially in the context of customary laws. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD SHARIF,
CORNELIUS
|
| Lawyers |
S. H. Jafri,
Ghias Muhammad
|
| Petitioners |
GHULAM MUHAMMAD, son of LAKHA
|
| Respondents |
Muhammad Ali,
GHULAM MUHAMMAD, son of SHAHABAL KHAN
|
| Citations |
1949 SLD 28 = 1949 PLD 384
|
| Other Citations |
A I R 1938 P C 77,
A I R 1939 P C 150,
A I R 1916 P C 110
|
| Laws Involved |
Custom (Punjab)
|
| Sections |
Not available
|