AIR 1933 LAHORE 725(2)

Lahore High Court

Hon'ble Judge(s): Addison, Bhide , JJ

*(A) Mahomedan Law - Religious endowment - Private property descending not to natural heirs but successive Gaddinashins - Presumption is of dedication. Where the private property of a Mabomedan did not go to his natural heirs but descended to the next twelve Gaddinashins to the exclusion of their natural heirs, it may be reasonably inferred that, the property was treated as dedicated to religious purposes and not as private property of the Gaddinashins. The mere fact that in the revenue records the names of the Gaddinashins have been shown in the column of "owner" cannot be attached much significance. (B) Evidence Act (1 of 1872) , S.18, S.101— Admission shifts burden of proof to party making admission. An admission by a person that a certain property, in attached to a Khankah is sufficient, to shift the burden of proving that the property is his to the party making the admission. .....