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Writ Petition No. 235 of 1979, decided on 25th November, 1980.
S. 5 read with Succession Act (XXXIX of 1925)‑Succession‑ Custom (Punjab)‑Held, to be rule of decision, where established, to exclusion of personal law‑Notwithstanding Succession Act, S. 5 of Punjab Laws Act gives effect to a rule of decision in matter of succession upon proof that custom governed matter even in respect of Muslims and Hindus‑Situation in respect of Muslims continued to be so until promulgation of Muslim Personal Law (Shariat) Application Acts.
Sohan Lal v. A. Z. Makuin A 1 R 1929 Lah. 230 and Valshno Dilla v. Rome.%hri (1928) 10 Lah. 89 ( P. C) ref.
Kamawati v. Digbijai Singh A I R 1922 P C 14 distinguished.
‑‑ S. 5‑Succession‑Custom (Punjab)‑Inheritance by male heirs to exclusion of female‑Held, rule of custom widely practised in Punjab by communities and religious groups irrespective of existence of their personal laws‑‑Reasonableness of a custom‑Held, primarily a question of fact to be decided after proper inquiry which cannot be done by High Court in writ jurisdiction under Art. 199, Constitution of Pakistan (1973).‑[Question of fact].
Sita Ram v. Raja Ram 12 P R 1892; Roe's Tribal Law in the Punjab, p. 62 and Abdul Karim y. Sahib Jan (1908) 5 P R 40 ref.
Ss. 3 & 29(2) read with Punjab Laws Act (IV of 1872)‑‑Notifica tion for exemption from operation of provisions of Succession Act Not necessary when a law already in existence creating an exemption Punjab Laws Act, held, such a law which obviates necessity of issuing a Notification under S. 3 in Punjab Province.
Rashid Murtaza Qureshi for Petitioner.
S. M. Mohsln for Respondents Nos. 1 and 2.
Dates of hearing : 18tb, 22nd October and 5th November 1980.
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