(1.) The plaintiffs in this suit, dow the appellants, sue for possession of certain properties described in their plaint, which formerly belonged to the deceased Salehuddin and which they claim by right of succession. In order that their claim may succeed they have to establish two things: (1) that they are collaterals of the deceased, and (2) that the deceased's succession was governed by customary law. the present respondents are two sisters and the children of a deceased sister of the late Salehuddin. They deny that the appellants were in any way related to the deceased and maintain that, Mahomedan law alone governs the succession to the properties in questions
(2.) The Senior Sub-Judge at Gujranwala before whom the matter came in the first instance, decided both of the two issues above mentioned in favour of the appellants, for whom he accordingly gave judgment. On appeal, the High Court of Judicature at Lahore, Martineau and Zafar Ali, JJ. reversed this decision, holding that the appellants had failed to prove that they were collateral's of the deceased, and finding it unnecessary to proceed to the consideration of the second topic, hence the present appeal.
(3.) The respondents lodged a case which was before their Lordships, but did not appear in support of it. The appeal was accordingly heard ex parte, but counsel for the appellants very properly brought to their Lordship's notice the whole material evidence in the case.