AIR 1934 LAHORE 296(2)

Lahore High Court

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

(A) Custom (Punjab) - Person residing outside Punjab cannot be governed by custom prevalent in Punjab on the ground that he owns landed estate in Punjab A person residing outside the Punjab and who is not an agriculturist cannot invoke a custom prevailing in the district in the Punjab where he owns a landed estate which he occasionally visits on the ground that if he had been permanently residing in that district he might have been governed by the custom applicable to him. (B) Hindu Law - Antecedent debt - Son's and grandson's interest can be alienated. A Hindu may sell or mortgage not only his own interest but the interest of his sons, grandsons and great-grandsons in "coparcenary property" to pay an antecedent debt, which was not illegal and immoral. (C) Punjab Laws Act (4 of 1872) , S.5— - There is no presumption as regards existence of custom. No presumption arises in favour of the existence of a custom to the exclusion of personal law. The person asserting a custom has to prove its existence : (D) Custom (Punjab) - A person is governed by the custom of the district where he resides. ....