Law:

Section:

(a) Supreme Court Rules---- ------ O. XIX, r. 1-Point raised neither before Single Judge of High Court nor before Letters patent Bench, nor in application for Special Leave to Appeal, but raised in concise statement-Will not be allowed to be raised in arguments without special leave of Court (refused in this case on ground that point was inconsistent with another decision inter parties). (b) Finding of fact------ --- -Concurrent finding arrived at by trial Court and High Court-Will not be allowed to be challenged in Supreme Court in absence of special circumstances. JUDGMENT B. Z. KAIKAUS J.-Appellants in this certificated appeal are the heirs of Lady Shams Shah, while the respondents are the heirs of Sir Shams Shah. Both Sir Shams Shah and Lady Sham Shah lost their lives at Quetta on the 31st of May 1935, in an earthquake which razed the whole of Quetta to the ground After the death of Sir Shams Shah the present appellants has filed a suit (not the present suit) in the Court of the Senior Subordinate Judge, Peshawar, claiming to be entitled to a par, of the inheritance of Sir Shams Shah on the ground that Lace Shams Shah had survived Sir Shams Shah. In that suit the appellants led evidence to the effect that Lady Shams Shah hart survived Sir Shams Shah and they also put forward a contention that Lady Shams Shah being younger should be presumed to ­have died later if death of both occurred in the same calamity The Senior Subordinate Judge as well as the Judicial Commissioner of Peshawar found against the appellants and an appeal to the Privy Council also failed, the Privy Council holding that there was no presumption applicable in India that the younger survived the elder. That decision is K. S. Agha Mir Ahmad Shah air: another v. Mir Mudassir Shah and others (71 I A 171). The suit out of which this appeal arises had been filed it the Chief Court of Sind, Karachi, by the heirs of Sir Shams Shah (making one of the heirs a pro forma defendant) against the heir, of Lady Shams Shah, for possession and mesne profits of two plots of land which had not been included by the appellants it the first suit on the ground that they did not belong to Sir Sham, Shan at the…

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