ALLAH DITTA Versus AHMOO

This regular second appeal under section 100, C.P.C. is pending since 1966. Ahmoo son of Piran Ditta respondent No.l died in the meanwhile. The appellant has produced a certified copy of the death register according to which Ahmed Din alias Ahmoo son of Piran Ditta died on 26‑12‑1974. Respondent No.2 challenged the certified copy of the death entry as according to him Ahmoo respondent had died on 22‑10‑1970. Respondent No.2 produced a certified copy of the death register in support of this version which was issued to him by the then Secretary Union Council Bhagowal Kalan, District Gujrat, on 14‑2‑1976. The certified copy produced by the appellant was prepared on 24‑5‑1984. According to the entries contained in this certified copy the date of death of Ahmad Din alias Ahmoo son of Piran Ditta is 26‑12‑1974 and the death was reported by Rehmat Khan Chaukidar on 31‑12‑1974.

2. As the certified copies produced by the parties were contradictory to each other, Secretary, Union Council Bhagowal Kalan, District Gujrat, was summoned with the relevant registers. Mr. Muhammad Bashir, Secretary, has produced the registers of deaths pertaining to the years 1970 and 1974. The entry in the register for the year 1970 pertaining to Ahmad Din son of Piran Ditta, caste Jat Waraich, resident of Bhagowal Kalan, stands entered at serial No.26. On this page the death entries against Nos.21 to 32 appear to have been made in routine and nothing suspicious appears in these entries. The examination of register of deaths for the year 1974 shows that entry No.54 is the last entry of the year 1974. According to this entry Ahmad Din alias Ahmoo son of Piran Ditta, caste Jat Waraich, resident of Bhagowal Kalan, died on 26‑12‑1974 and the death was reported on 31‑12‑1974. The deaths reported on 31‑12‑1974 have been entered serial wise in accordance with the dates of deaths of the persons concerned. Entries Nos.52 and 53 pertain to the persons who died on 26‑12‑1974 and 30‑12‑1974 but the entry pertaining to the death of Ahmad Din was entered after the entry pertaining to the death of Shabana Abbas, .which took place on 30‑12‑1974. As mentioned earlier, the death entry pertaining to Ahmad Din is the last entry. . Learned counsel for the appellant submitted that respondent's name was Ahmoo and there may be other person of the same name with the same parentage and the death certificate produced by the respondent does not pertain to Ahmoo respondent. This plea is not available as Allah Ditta appellant, when questioned by me, did not positively assert that there was in the village another person with the same name and parentage. Had there been another person with the same name and parentage Allah Ditta would have known him and he would have made a positive assertion. Moreover, the disputed entry appearing at serial No.54 pertaining to Ahmad Din alias Ahmoo appears to have been made with a different ink. Another important thing to be noted is that the certified copy produced by the respondent was issued in the year 1976. Mr. Muhammad Bashir, Secretary, states that the said certified copy was issued by the then Secretary of the Union Council. As against this, the certified copy produced by the appellant was prepared on 24‑5‑1984. For all these reasons I am not prepared to rely on the death entry appearing at serial No.54 of 1974 register. No other evidence has been produced to establish that Ahmad Din respondent died on 26‑12‑1974. The assertion that Ahmad A Din respondent died on 22‑10‑1970 is accepted. This being the position the legal representatives having not been brought on record till date the appeal abates. The parties are, however, left to bear their own costs.

S.Q./A‑231/L Order accordingly