| Citation(s) |
|---|
| 1959 SLG 120 1959 SLD 120 1959 PLD 941 |
Lahore High Court
Regular First Appeal No. 104 of 1952, decision Date : 29th June 1959.
B. Z. KAIKAUS, JUSTICE, MUHAMMAD YAQUB ALI, JUSTICE
Muhammad Nazir and Fazal Elahi for Appellants. Muhammad Shafi and Fazal Din for
Respondents. hearing date: 6th October, 1958.
Regular First Appeal No. 104 of 1952, decision Date : 29th June 1959.
B. Z. KAIKAUS, JUSTICE, MUHAMMAD YAQUB ALI, JUSTICE
Muhammad Nazir and Fazal Elahi for Appellants. Muhammad Shafi and Fazal Din for
Respondents. hearing date: 6th October, 1958.
MU.HAMMAD SHAFI AND OTHERS
VS
MST. ZAINAB BIBI AND OTHERS
Law: Civil Procedure Code (V of 1908)
Section: 27
Law: Evidence Act, (1 of 1872)
Section: 32(5)
(a) Civil Procedure Code (v of 1908), O. XLI, r. 27¬Court may ask for additional evidence, if it is not possible to give satisfactory Judgment without recording further evidence. (b) Evidence Act (I of 1872), S. 32 (5) Question of inheritance of A Copy of statement of A in previous litigation admitting relationship with B proved Presumption that A had special means of knowledge of his relationship with B. JUDGMENT YAQUB ALI J.---This is an appeal by Muhammad Shall and Rahim Bakhsh, sons of Faiz Bakhsh, Sardara son of Imam Bakhsh and Allah Ditta son of Fateh Din of Lahore from the judgment and decree of Mr. Hamid Ullah Civil Judge, 1st Class, Gujranwala, dated the 18th of August, 1952, dismissing their suit for possession of 3/4th share of the suit land measuring 697 kanals and 8 marlas, situate in village Madhrianwala. 2. The plaintiffs' claim in the suit was based on their alleged relationship with Ghulam Muhammad the last male-owner of the suit land. 'Ghulam Muhammad died in 1948 leaving his widows, Mst. Zainab Bibi and Mst. Sahib, defendants. In the course of mutation proceedings which followed the death of Ghulam Muhammad the plaintiffs claimed 3/4th share in his estate on the plea that they were the residuaries of the deceased and in support of it propounded the following pedigreetable:- KHUDA BAKHSH _________________________|________________________ | | | Muhammad Yar Allah Dad Jawahar | | | Faiz Bakhsh | Pir Bakhsh | | | | | Ghulam Muhammad | | | ________|___________ | | | | Fateh Din Imam Bakhsh | | | | Allah Ditta Sardara | Plaintiff No. 4 Plaintiff No. 3 | |_________________ _________________|___________________ | | Rahim Bakhsh Muhammad Shafi Plaintiff No. 2 Plaintiff No. I The claim was contested by the defendants and the mutation sanctioned in their names to the exclusion of' the plaintiffs. Aggrieved by it the plaintiffs instituted the suit out of which the prexnt appeal has arisen and the only question which arose for determination in the case was whether the plaintiffs were the descendants of Khuda Bakhsh the great grandfather of Ghulam Muhammad deceased. In support of their claim the plaintiffs relied upon copy of mutation (Exh. P.…
Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492