SHAHADAT ALI And Others vs Rai ABU SALEH And Other
This matter concerns a petition for leave to appeal against a judgment of the Lahore High Court, which dismissed a Regular Second Appeal in an inheritance dispute. The central factual controversy is whether a woman named Sahibzadi was the widow of the deceased, Amir Ali. The trial court initially dismissed the suit, but the appellate court decreed it, and the High Court affirmed that decision. The petitioners challenged the evidentiary basis of the lower appellate court's finding, arguing that the testimony of the two prosecution witnesses regarding the relationship was inadmissible under the Evidence Act, 1872. Specifically, the petitioners contended that the relationship was not proven according to the definitions of 'proved' under the Act. Upon review, the Supreme Court of Pakistan determined that the legal question raised regarding the admissibility and sufficiency of the evidence required deeper consideration. Consequently, the Court granted leave to appeal to examine whether the lower courts erred in their assessment of the evidence regarding the marital status of the deceased, while ordering that the status quo regarding possession be maintained pending the final adjudication of the appeal.
- Is the testimony of witnesses regarding a marital relationship admissible under Section 50 of the Evidence Act 1872?
- What constitutes sufficient proof of a relationship under the definition of 'proved' in Section 3 of the Evidence Act 1872?
- Can a finding of fact based on limited witness testimony be challenged in a petition for leave to appeal?
- Section 50, Evidence Act 1872
- Section 3, Evidence Act 1872
- Section 165, Evidence Act 1872
ORDER
MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal has been sought from judgment dated 10-1-1978 of the Lahore High Court; whereby a Regular Second Appeal arising out of an inheritance case filed by the petitioner, was dismissed.
2. The question involved in the case is one of fact as to whether Mat. Sahibzadi was the widow of Amir Ali, the alleged last male holder. The respondents (plaintiffs) produced two witnesses to prove that she was the widow. The suit was dismissed by the trial Court, but, in appeal, it was decreed and the Regular Second Appeal filed by the petitioners was dismissed, therefore, this petition for leave to appeal.
3. The question raised by the learned counsel is that the only evidence produced for establishing the relationship of Sahibzadi With Amir Ali were P. Ws. One and two. Their testimony as to the said relationship was as argued neither admissible under section 50 of the Evidence Act nor under any other provision of law. Therefore, the -fact relating to relationship cannot be said to have been proved according to the definition of the word "proved" in section 3 of the Evidence Act or under section 165 thereof.
4. Question of law raised needs consideration. This petition accordingly is allowed and leave to appeal is granted. Security Rs.2,000. The appeal shall be prepared on the same record with liberty to the parties to file additional documents, if necessary. Status quo as to possession shall continue during the pendency of the appeal.