- (1.) The only point which arises for decision in this appeal is whether succession to the estate of Ram Singh deceased would be governed by the Pagwand or the Chundawand rule. The suit relates to certain agricultural land, houses and Taurs, the property of one Ram Singh who died in 1948-49. Ram Singh and two wives by the names of Mst. Rami and Mst. Thakuri. The plaintiff's Bhagat Singh and Thaman Singh are the sons of Ram Singh from Mst. Thakuri while Jogindar Singh defendant No. 1 is the son of Ram Singh from Mst. Rami. The present suit was filed in January, 1952 for a declaration to the effect that the plaintiffs were the owners of the suit-property to the extent of two-third share. Apart from other issues one material issue was :- "3. Whether the parties are governed by the Chundawand rule of succession ?
(2.) Both the Courts below came to the conclusion that they were so governed with the result that the suit was dismissed. The plaintiffs are dissatisfied and have come up to this Court in second appeal.
(3.) The parties are Saini Jats of village Urapur in Nawanshahr Tehsil of Jullundur District. It is common ground that at one time the rule which prevailed in the family was one of succession by Chundawand. The case of the plaintiffs, however, is that the aforesaid rule no longer governed the parties and that it had been replaced by the rule of Pagwand when the last settlement of Jullundur District took place. This settlement took place in 1913-17. In the Customary Law of the Jullundur District compiled by Rai Bahadur Bhai Hotu Singh during that settlement in answer to question No. 33 it was stated as follows :- "If there be more sons than one they inherit equally. No regard is had to the age of the sons or the caste of their mother. The following tribes, however, refuse to give any share in the inheritance to the issue of a woman belonging to a different tribe :- The Nakodar Tahsil :- All tribes. The Phillaur Tahsil :- Muhammadan Jats, Rajputs (Muhammadan and Hindus), Gujjars, Dogars and other Hindus. The Jullundur Tahsil :- Muhammadan Rajputs, Awans and Arains. The Nawanshahr Tahsil :- Jat Muhammadans, Arains, Gujjars, Miscellaneous Muhammadans, Sayyads, Sheikh, Mughals and Pathans; but in the case of Pathans if the woman is a Rajput, her sons will equally inherit. In all tribes, Pagwand system is prevalent except among Lodhi and Barki Pathans of Jullundur Tahsil among whom Chundawand system prevails. For instance see Appendix :- Jullundur Tahsil, Nos. 819 to 846. Nakodar Tahsil, Nos. 383 to 424. Phillaur Tahsil Nos. 1161 to 1186. Nawanshahr Tahsil, Nos. 203 to 263.";