The Punjab Record; Or, Reference Book for Civil Officers

The Punjab Record; Or, Reference Book for Civil Officers : Containing the Reports of Civil and Criminal Cases Determined by the Chief Court of the Punjab and Decisions by the Financial Commissioner of the Punjab Volume 37, PT. 1

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1903 edition. Excerpt: ...Jan (page 15 of the printed book) we find the then plaintiff stating on the one hand that his claim was based not on the ordinary law of i11heritance, but in accordance with customs and directions or practieelaid down in the badshahi sanads granting the jagir, and Mussammat Begam Jan, through her mukhtar-i-am, Abdul Rahman, contending, on the other hand, that plaintiE's claim was contrary, not to Muhammadan Law or to the terms of the will said to have been executed in favour of his widow by Ahmad-ul-Haq, but to "the usage of the family and the terms of the baclahahi sanads." Again, in the suit instituted originally by Obaid-ul-Haq and continued after his death, pendants lite, by his sons against Mussammat Begam Jan and others, Mr. Parker in his judgment (at page-50 of the printed book) observes that "the parties rely principally upon a dastur-ul-amal and a mamulnama," and that "tl1e real dispute is as to the custom of the family in regard to widows and the construction of these documents." Moreover, when Mr. Parker's decision came before the Ofliciating Commissioner of Delhi, Mr. T. W. Smyth, on appeal, we find that the parties admitted that they were bound by custom and not by the Muhammadan Law, and that they difiered merely as tothe incidents of the custom (see page 48, line 23). Apart from the important admission that custan and not M uhammadan Law was to be the governing principle in these two cases, it is a noteworthy fact that throughout this protracted litigation no reference whatever is made to, and certainly no reliance placed upon, the alleged will in favour of Mussammat Begam Jan. Looking, then, at the statements in the mamulnnmac and at the admissions of the defendants'...show more

Product details

  • Paperback | 270 pages
  • 189 x 246 x 14mm | 485g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236813928
  • 9781236813923