' Petitioners Nos.1 to 4 are the real brothers and sister of Allah Dad who is the only contesting respondent in this petition. Petitioners Nos.5 to 8 are the children of Natha Khan (since dead) who was also a real brother of Allah Dad. The contest between them is over the succession to the property left by their father Abdul Ghani Khan.
2. Before Independence the parties resided in Tehsil Batala of District Gurdaspur. They were governed by agricultural custom. Abdul Ghani Khan had a real brother by the name of Sardar Khan. Sardar Khan was issueless. He adopted Allah Dad as his son.' On his death Allah Dad succeeded exclusively under the custom to his property. After Partition the parties migrated to Pakistan. Allah Dad obtained allotment in respect of the property which he had inherited from his adopted father.
3. Under the customary law a son adopted by another person did not succeed to the property of his natural father in the presence of his real brothers. Now, if the customary law had still remained in force Allah Dad would not have been considered an heir of Abdul Ghani Khan. But in 1948 the Punjab Muslim Personal Law (Shariat) Application Act, 1948 came into force. Under this Act interalia in matters of succession the Muslim Personal Law was directed to prevail in cases where the parties were Muslims. This Act was later repealed and replaced by the West Pakistan Muslim Personal Law (Shariat) Act, 1962. This new Act contained a similar provision. Section 2 of the Act reads as follows:-- "Notwithstanding any custom or usage, in all questions regarding succession (whether testate or intestate), special property of females, betrothal, marriage, divorce, dower, adoption, guardianship, minority, legitimacy or bastardy, family relations, wills, legacies, gifts, religious usages or institutions, including waqfs, trusts and trust _properties, the rule of decision, subject to the provisions of any enactment for the time being in force, shall be the Muslim Personal Law (Shariat) in case where the parties are Muslims."
' Abdul Ghani Khan died on 7-10-1967. During the course of mutation proceedings relating to the property left by him, the petitioners invoked the rule of the customary law and alleged that Allah Dad was not entitled to any share in the property of their father. Their assertion was rejected by the revenue authorities which then allowed a share in the said property to Allah Dad also.
4. It is not disputed that as Abdul Ghani Khan died after the enforcement of the Act of 1962, ibid, succession in this case is to be governed by the Muslim Personal Law and not by the rule of custom. Muslim law does not recognise adoption in the matter of succession. That being so, the revenue authorities were justified in recognising the claim of Allah Dad as well. This writ petition is without any merit and is hereby dismissed. There will be no order as to costs.