Law:

Section:

Succession Two persons (father and son) dying simultaneously or under circum stances rendering it uncertain as to which of them survived the other Presumption that junior in age survives the senior not applicable where death of both had occurred in a common catastrophe like flood, earth quake or riot-----Onus probandi in such cases equal and correct principle is to see who fails if onus not discharged by either. A I R 1922 Bom. 34; 18 I C 814; K. S. Agha Mir Ahmad Shah and .another v. Mir Mudassir Shah and others A I R 1944 P C 100; Mst. Neksi Kaur v. Mst. Jawala Kaur A I R 1934 Oudh 101; Bigendra Kumar Roy v. Kuti Mian A I R 1944 Cal. 132; S. M. Comibhai and another v. Chakarmal Mukhand A I R 1939 Sind 234; English Law of Property Act by George Vit, 1925. Ch. 20, S. 184; Wind v. Angrave (1860) 8 H L C 183; Gopal Chandra Deh Goswami and others v. Padmapani Goswami and others 18 I C 814 and Yeknath Kulkarni v. Laxmibai Kesho Gopal 77 I C 117 ref. Date of hearing: 21st November 1973.                                                                                                          JUDGMENT This judgment will dispose of Writ Petitions Nos. 836 of 1965 and 1451 of 1966 as they are directed against the same order of the Additional Claims Commissioner and the Claims-Commissioner. 2. The dispute in these cases relates to the inheritance of the property which was once owned by Asghar Ali Khan deceased. Asghar Ali Khan had one son Nasir Ali Khan and two daughters namely, Mst. Rashid Qamar Sultana and Mst. Nazir Akhtar, who are respondents Nos. 3 and 4 in Writ Petition No. 1451 of 1966 and respondents Nos. 4 and 5 in Writ Petition No. 836 of 1965. He also left a widow namely, Mst. Karamun Nisa. Asghar Ali Khan was murdered in 1947 during the Partition riots. His son Nasir Ali Khan was also murdered the same day. Claim Forms Nos. 2647 and 2345 were given separately by the two daughters claiming to be…