Judgement

Appeal (No. 20 of 1943) from a decree of the Court of the Judicial Commissioner (June 13, 1941), which affirmed a decree of the Senior Subordinate Judge of Peshawar (December 23, 1938), by which a suit brought by the appellants against the respondents was dismissed.

The following facts are taken from the judgment of the Judicial Committee The appellants were 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 were his nephews. 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 sixty-eight at the time of his death, and his wife twenty-six. They had no children. At the time of the earthquake Sir Shamas Shah, his wife, her younger sister, and one Musammat Faruq, a maid servant, were staying in his bungalow, which collapsed in the earthquake. They were buried under the debris. Opposite their bungalow was the bungalow in which the appellants lived with their son, Bashir Ahmmed, and certain other persons. That bungalow also collapsed, but the appellants

Law. Rep. 71 Ind. App. 171 ( 1943- 1944