Law: Qanun-e-Shahadat (10 of 1984)

Section: 64,46(5)(6),117,118

Law: West Pakistan Land Revenue Act, (XVII of 1967)

Section: 42

Law: Civil Procedure Code (V of 1908)

Section: O.XVIII,R.2

(a) Qanun-e-Shahadat (10 of 1984)--- ----Arts.64 & 46(5)(6)---Opinion as to relationship of one person to another---Proof essential for forming such opinion stated. On a question of pedigree, family conduct is admissible to prove relationship and in this connection the treatment of friends and neighbours may be received as presumptive proof of marriage. In this regard, the opinion of the family members regarding relationship rather can be inferred from the family conduct. It can be exemplified by distribution of family property and tacit acknowledgment of relations. In short, the spirit of Article 64 of Qanun-e-Shahadat, 1984 is quite apparent and vivid that the court can form an opinion as to the relationship of one person to another because of the reason that it is the opinion expressed (by conduct) as to the existence of that relationship with any person of the member of the family or those who have the special means of knowledge regarding the relationship of the parties.. Article 64, Qanun-e-Shahadat, 1984 requires that the person claiming the relationships with the deceased must appear in person and to prove his treatment towards the claimant and the opinion of the members of family and his friends towards the person claiming inheritance from the deceased. In absence of such proof, neither opinion can be formed by the court nor did the absence of proof justify the decree in favour of such claimant. The law envisaged under Article 46 of Qanun-e-Shahadat, 1984 is also of worth mentioning because in order to save the valuable right of a person devolving from his deceased relative is protected under sub-Articles 5 & 6 of Article 46 whereunder it is expressly laid down that the statement if relates to the existence of any relationship by blood, marriage or adoption between persons as to whose relationship by blood, marriage or adoption, the, person making the statement had special means of knowledge, and when the statement was made before the question in dispute was raised in the matter and made in any will or deed relating to the affairs of the family to which any such deceased person belonged or any family pedigree or upon any tombstone, family…

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