Decided on October 04,1954

PRABHATI Appellant
DEWAK RAM Respondents


- (1.) In Regular Second Appeal No. 730 of 1950 the question that arises for decision is whether Julahas of village Jharsa, District Gurgaon, are governed by agricultural custom.
(2.) In reported cases the tests set out hereunder are stated to be the most important tests for determining whether a particular tribes is governed by custom or personal law :- (i) whether representatives of the tribe were consulted at the time of the preparation of the riwaj-i-am of the district and gave answers to the questions put to the tribes by the Settlement Officer; (ii) whether the tribe forms a compact village community, or patti or whether it lives in a hetrogeneous village; (iii) whether the tribe was settled in the village at its foundation; (iv) whether the tribe holds a share in the village shamilat; (v) whether the tribesmen exclusively or primarily follow agriculture and if they follow other occupations, whether those occupations are their main occupations; (vi) whether the tribesmen have furnished lambardars; (vii) whether the tribesmen cultivate land with their own hands; (viii) whether the tribesmen hold a large or a small portion of the village area; (ix) whether the tribesmen have followed agriculture for long or short periods; (x) whether the tribesmen have acquired land in the village by purchase or that land has been with the members of that tribe since the foundation of the village; (xi) whether alienations made by the tribesmen have been frequent and have been allowed to pass unchallenged; (xii) whether the locality is one where customary Law generally prevails; and (xiii) whether the tribesmen follow custom in social matters.
(3.) In Karam Din v. Mehar Din, 1925 AIR(Lah) 409, Campbell, J. found that Julahas of Ichhra, District Lahore, were not governed by custom.;

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