Sahib Bibi vs Khushi Muhammad (deceased) arts — 2025 MLD 1246 LAHORE-HIGH-COURT-LAHORE

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Sahib Bibi VS Khushi Muhammad (deceased) arts. 2(7), 117 & 118---Specific Relief act (I of 1877), Ss. 42 & 54---Suit for declaration with consequential relief---Inheritance mutation---Dispute over sect of deceased---Presumption of faith---Judicial determination---Principle of Preponderance of evidence---Scope---Burden of proof, relevance of---Judicial determination of whether the said presumption of faith of a party holds or positively stands rebutted, would be adjudged on the principle of preponderance of evidence produced by the parties---No strict criteria can be set to determine the faith of a person, and thus, to pass any finding thereon, the Courts are to consider the surrounding circumstances; way of life, parental faith and faith of other close relatives---In civil dispensation of justice, courts are to adjudge the lis on the standard of preponderance or probability of evidence produced by the parties and the decision of the court would tilt in favour of the party having preponderance of evidence---Burden of proving a fact gains importance and relevance only when no evidence is led by the concerned party or the court is unable to take a decision, one way or the other, on the basis of evidence available on record of the case---Respondents/plaintiffs successfully discharged the onus by producing oral as well as documentary evidence that deceased was Sunni by sect, thus, burden to prove shifted on the shoulders of defendants/petitioners' which they failed to discharge through reliable and convincing evidence, that the deceased adhered to the Shia sect---Petitioner in her cross-examination was unable to provide satisfactory answers to the basic questions put to her qua Shia sect, thus, the trial and appellate courts had justifiably ruled in favor of the respondent/plaintiff, as the lack of credible evidence on the petitioner's part did not support their claims---Civil revision was dismissed, in circumstances.

Sahib Bibi vs Khushi Muhammad (deceased) arts — 2025 MLD 1246 LAHORE-HIGH-COURT-LAHORE

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