Principle of law to evaluate the above stated evidence led by the parties of the suit for determination of faith of deceased

Now a question arises as to what would be the principle of law to evaluate the above stated evidence led by the parties of the suit for determination of faith of deceased Ghulam Qadir. In order to find out answer to this question, it is essential to survey the relevant case law. 

The first case which may be referred is “Saiyid Rashid Ahmad vs. Mst. Anisa Khatoon” (AIR 1932 PC 25). In that case no suggestion had been made in the pleadings or in the arguments that parties were not Sunni Muhammadan governed by the ordinary Hanafi Law. The Court had to decide the question of Muhammadan Law relating to Talak and it was held that as there was no such suggestion mentioned in the record, the Hanafi Law should be applied. 

The second case is “Akbarally v. Mahomedally” (AIR 1932 Bom 356). In that case Tyabji, J. observed: “it is not easy however to conceive of a case so devoid of all other circumstances from which the religion of the parties can be inferred, that this presumption from numbers should effectually come into operation.” 

Part of Judgment

 THE LAHORE HIGH COURT LAHORE 

Civil Revision

1777836.955-15

2018 LHC 701