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.) Lady Shamas Shah and her husband lost their lives in the earthquake at Quetta,, which occurred early in the morning of May 31, 1935. Sir Shamas Shah was 68 at the time of his death, and his wife 26, They had no children. At the time of the earthquake, Sir Shamas Shah, his wife, her younger sister, and one Mst. Faruq, a maid servant, were staying in his bungalow which collapsed in the earthquake. They were buried under the debris.