Kapur, J. - (1.) This is an appeal against the judgment and decree passed in appeal by the District Judge, Gurdaspur, affirming a decree of the second class Subordinate Judge, Gurdaspur, and the sole point for determination in this appeal is whether the parties who are Sodhis are governed by custom.
(2.) Sowaran Singh plaintiff is the grandson of Mohan Singh defendant No. 1 against whom there were certain decrees and in execution of those decrees five alienations 'in invitum' were effected. The plaintiff brought a suit for declaration that these five alienations were not binding on him under custom. Both the Courts below held that the parties who were Sodhi Khatris are not governed by custom and that the sales were for consideration and necessity.
(3.) In appeal both these findings are challenged and I will first take up the" question of custom. Sowaran Singh and Mohan Singh are residents of village Sanowal & they originally belong to village Hoshiarpur which has become 'becharagh' and the land of that village adjoins village Sahowal. The village, J am informed, is still called Hoshiarpur.;