Judgement

APPEAL from a decree of the Chief Court of the Punjaub (April 10, 1890) reversing a decree of the District Judge of Montgomery (April 28, 1888), and dismissing the Appellants suit.

The main issue in the case presented for adjudication in appeal was whether the late Sajjada Nashin, or religious head of the Mahomedan shrine of Pak Pattan, was "in possession of his senses and free from all undue influence " when he executed a deed dated the 29th of July, 1884, appointing the Appellant as his successor and heir. The District Judge held that the Defendant, on whom it cast the burden of proof, had " failed to prove that when the nomination was made the

Law. Rep. 22 Ind. App. 4 ( 1894- 1895) Sayad Muhammad V. Fatteh Muhammad

92

Diwans mental faculties were impaired, or that he was unable to know what he was doing, or that he made it otherwise than of his own free will." The Chief Court, on the contrary, held that the Appellant had failed to prove that the late Sajjada Nashin executed the deed whilst in full possession of his mental faculties and free from undue influence.

Crackanthorpe, Q.C., and Ribton, for the Appellant.

Doyne, for the .Respondent.

The judgment of their Lordsh