SHAH JAHAN vs Mst — 2025 CLC 992 PESHAWAR-HIGH-COURT

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

SHAH JAHAN VS Mst. HASEENA BIBI Sect/sub-sect by birth, renouncing of---Scope and effect---Sect of the deceased---Proof---Inheritance---One of the witnesses produced by the respondent/plaintiff stated that he led the Janaza (funeral) prayer of deceased as per Shia sect---One of the witnesses of the petitioners/defendants (DW-1) stated that two funeral prayers of the deceased were offered; one, as pre Shia sect, and the other, as per Sunni sect led by a Maulvi (prayer leader)---On the request of said witness, prayer leader was summoned but he was abandoned---Subsequently, the prayer leader was examined as a Court Witness (CW-1), who stated in his statement that the deceased was follower of Shia sect and that he (prayer leader) had not led his Janaza (funeral) prayer---Two of the (six) witnesses of respondent/plaintiff admitted in their cross-examination that by birth the deceased was Sunni but that he (deceased) later on adopted Shia sect---Under Para 31 of Chapter 3 of Principles of Muhammadan Law, a Muhammadan male or female who has attained the age of puberty, may renounce the doctrines of the sect or sub-sect to which he or she belongs and adopt the tenets of the other sect or any other sub-sect and he or she will thenceforth be subject to the law of the new sect or sub-sect---Respondent/plaintiff had proved on record that her father was follower of Shia sect and he validly scribed the will-deed---No mis-reading, non-reading or unlawful exercise of jurisdiction had been pointed out and both the Courts below had passed the impugned judgments/decrees after proper appreciation of the record/evidence, thereof the concurrent finding could not be interfered with---Revision petition, being meritless, was dismissed in limine, in circumstances. Citation Name: 2025 CLC 992 PESHAWAR-HIGH-COURTBookmark this Case SHAH JAHAN VS Mst. HASEENA BIBI 'actori incumbit onus probandi'---Meaning and scope---He who asserts a fact must prove the same, which is based on latin maxim "onus probandi actori incumbit"---Mode of proof is the procedure by which the "facts in issue" as also the "relevant facts " have to be proved during the trial---In the present case, the petitioners/defendants were unable to produce medical record showing their assertion regarding disease of the deceased suffering from mouth cancer and that at the time of writing will deed, he was unable to talk---Revision petition was dismissed. Citation Name: 2025 CLC 992 PESHAWAR-HIGH-COURTBookmark this Case SHAH JAHAN VS Mst. HASEENA BIBI Inheritance---Shia law---Principles---Shia Law of inheritance divides heirs into two groups, namely, (1) heirs by consanguinity, that is, blood relation, and (2) heirs by marriage, that is, husband and wife---Heirs by consanguinity are divided into three classes and each class is sub-divided into two sections---Para 88 of Chapter 8 of the principles of Muhammadan Law provided three classes of heirs; Citation Name: 2025 CLC 992 PESHAWAR-HIGH-COURTBookmark this Case SHAH JAHAN VS Mst. HASEENA BIBI Will---Proof---Follower of 'Shia' sect---Relevant revenue record exhibited by one of the witnesses of plaintiff /respondent revealed that the deceased (father of respondent/lady-plaintiff) was the owner of the property-in-question---Respondent/plaintiff not only produced/exhibited the will-deed but also produced the scribe and marginal witnesses of the same (will-deed) as her witnesses---In said will-deed the deceased disclosed that he was follower of Shia sect and directed to conduct his funeral ceremony according to Shia sect and to burry him in a shia graveyard; he further directed that the respondent/plaintiff is his sole legal heir and his legacy will be devolved according to Shia sect---Petitioners/defendants were not able to shatter the evidence qua writing of the will-deed---As many as six witnesses produced by the respondent/plaintiff, including one who led the funeral prayer of deceased, remained consistent to the effect that the deceased was follower of Shia sect till his death---Respondent/plaintiff had proved on record that her father was follower of Shia sect and he validly scribed the will-deed---No mis-reading, non-reading or unlawful exercise of jurisdiction could be pointed out and both the Courts below had passed the impugned judgments/decrees after proper appreciation of the record/evidence, thereof the concurrent finding could be interfered with---Revision petition, being meritless, was dismissed in limine, in circumstances.

SHAH JAHAN vs Mst — 2025 CLC 992 PESHAWAR-HIGH-COURT

Case information

Judgment text as reported

Other judgments reported in 2025 CLC