AIR 1921 LAHORE 176 ::(1922) 4 Lahore LJ 336 ::(1926) 95 Ind Cas 413

Lahore High Court

Hon'ble Judge(s): Shadi Lal , C.J. AND Lerossignol , J

(A) Custom-Right of succession -Sister's son is preferable to proprietary body or Government. Under custom, sisters scarcely ever have a right of succession, but their sons have succeeded in some cases in preference to the proprietary body or to Government, and it is in consonance with ordinary ideas of right that they should succeed in preference to mere strangers. (B)Custom-Custom implies a contingency arisen in the past and a certain course has been followed-Courts cannot extend custom by deduction. 'Custom' implies, not that in a given contingency a certain course would probably be followed, but that that contingency has arisen in the past and that a certain course has been followed; and it is quite outside the province of the Courts to extend custom by the process of deduction from the principles which seem to underlie customs which have been definitely established. (C) Punjab Law Act (4 of 1872) , S.5— Personal law should be applied unless modified by custom established. It is the duty of Courts to decide questions of succession on personal law unless a custom had been established which modifies that law. ....