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Judgment
Gokal Chand Mitel, J.—The only point involved in this appeal is whether Muslims belonging to Kamboj caste of Jamalpura, which is a Mohalla of Malerkotla Town, are governed by agricultural custom or are governed by personal law of Muslims in regard to inheritance and succession.
To the aforesaid question, short answer is found from the following decisions which are to the effect that Mohammedan law is applicable and not custom: -
(1) R.S.A. No. 649 of 1977 (Noor Mohd. v. Janni and others) decided by me on 13.2.1986;
(2) Exhibit P.W. 5/A, a judgment of Sub Judge Ist Class, Malerkotla, dated 9.3.1965 (Mst. Khewni v. Jiwna) wherein it was held that Kamboja of Jamalpura are governed by personal law and not custom;
(3) The aforesaid judgment in Mst. Khewni v. Jiwna was upheld by this Court in R.S.A. No 27 of 1966 (Jeona and Ors. v. Mst. Kheoni) decided on 3-9-1973, a copy of which is Exhibit ''PX'' on the file of the case;
(4) The aforesaid judgment of this Court in Jeona and Ors. v. Mst. Kheoni was upheld by the Supreme Court. A copy of the judgment of the Supreme Court is Exhibit PW 5/B on the file of the case, and
(5)Decision of this Court in R.S.A. No. 1173 of 1968 (Mst. Sharifan v. Ralla alias Ghulam) decided on 22.3 1978, whereby Muslims of Jamalpura were held to be governed by Mohammdan law and not custom. A copy of this judgment is Exhibit PW 5/C on the file of the case
The aforesaid instances, apart from the instances relied upon by the Courts below, are sufficient to hold that Mohammedan Kambojs of Jamalpura are governed by personal law and not custom for pur-poses of succession the decision to the same effect of the lower Appellate Court is upeld and the appeal is dismissed. The parties are left to bear their awn costs.