AHMED SHAH Vs. MUDASSIR SHAH

JUDGEMENT

(1.) THIS is an appeal from the decree of the Court of Judicial Commissioner, North West Frontier, dated June 13, 1941,which affirmed the decree of the Senior Subordinate Judge, Peshawar, dated December 23, 1938, by which a suit brought by the appellants against the respondents was dismissed.

(2.) THE appellants are the parents of Lady Shamas Shah, who was the wife of a retired officer of the political service of the Government of India. THE respondents are his nephews.

(3.) IT is admitted that Sir Shamas Shah and his wife's sister were already dead when their bodies were recovered from the ruins. IT is also admitted that Mst. Faruq survived the disaster ; as to Lady Shamas Shah, the appellants set up the case that she was "taken out alive" when she was extracted at about the same time when her husband's body was recovered and that she thus survived him, though she expired immediately thereafter.