Law: Evidence Act, (1 of 1872)

Section: S. 108

Custom (Punjab) Succession---Bhatti Rajputs of Gujranwala District-Sister-Onus on sister to prove that she is a preferential heir to collateral-[Nur Muhammad v. Muhammad Yar P L D 1951 Lah. 132 fol.]   Evidence Act (I of 1872), S. 108-Person not heard of for seven years-Presumption of death, but not of "date" of death-- Onus of proving date on person "who claims right for establishment of which that fact is essential"-Party, previously, governed by custom claiming right of succession under Muhammadan haw, must prove that absentee died after enforcement of West Punjab Muslim Personal Law (Shariat) Application Act (IX of 1948) [Lal Chand Marwari v. Mahant Ramrup Gir A I R 1926 P C 9; Punjab v. Natha A I R 1931 Lah. 582 ; Maulvi Muhammad Sharif v. Bande All 111 C 474 ; Ram Kali v. Narain Singh 149 I C 632 ; Mst. Deshrani v. Thakur Kishore Singh A I R 1927 Nag. 104 and Moolla Cassim Bin Moolla Ahmad v. Moolla Abdul Rahim 32 I A 177 ref.]   Rattigan's Digest of Customary Law para. 24 and Answer to Question No. 55 of Rewaj-i-Am for Gujranwala District by Sardar Dalip Singh rel.   JUDGMENT   ABDUL AZIZ KHAN, J.-The following pedigree-table will be helpful In appreciating the facts of this case :-     NUR MUHAMMAD      | __________________|_____________________ | | Allah Yar Muhammad Yar ________|_______________ | | Namdar   Daim Waryam | | | Karim Bakhsh Barkhurdar Lal |                   | | Roshan | Dullah deceased | | = Mst. Bhagan. | |_______________ | _____________________|______________________ | | | | | | Lal Adam Khan Maula Wali Dad | Deceased (Respondent Dad (died during the | No. 2) (Respon- pendency of | dent No. 1) the suit and | represented by | Respondents | Nos. 3 to 11) | ________________________| ____________|_________________ | | Muhammad Din alias Mst. Sadar Bibi Din Muhammad (not heard (Plaintiff) of for more than seven years).       Muha nomad Din alias Din Muhammad, son of Roshan, caste Bhatti Rajput, residentof Kot Kazi, owned some lands in village Kot Kazi, District…