Deceased was a Sunni but the defendants who were the daughters of the last holder denied that fact.

In the case of “Mst. Iqbal Begum v. Mst. Syed Begum” (AIR 1933 Lahore 80), the plaintiff who was the sister of the last holder alleged that the deceased was a Sunni but the defendants who were the daughters of the last holder denied that fact. The onus of proving that the deceased was a Shia was held to be on the defendants. The above stated principles were reiterated by a Division Bench of this Court in case of “Mst. Sardar Bibi v. Muhammad Bakhsh and others” (PLD 1954 Lahore 480) and the Hon’ble Supreme Court of Pakistan in the case of “Pathana vs. Mst. Wasai and another” (PLD 1965 SC 134). 

Part of Judgment

 THE LAHORE HIGH COURT LAHORE 

Civil Revision

1777836.955-15

2018 LHC 701