the husband of his sister. However, no question was put to him in cross-examination with regard to the relationship between Sadru and Jagu. Joigunnesa Bibi deposed on behalf of the defendants. She, however, in her cross stated that Sadru was the father of Hasmat, Jagu was the father of Akbar, Momin was the father of Jagu and the father’s name of Sadru is Momin Khan. Nawser Ali Khan, a neighbor deposed as D.W.-2. In his chief, he has stated that Jagu is not the paternal uncle of Joigunnesa Bibi. However, in his cross-examination he has stated that he is not aware of the name of the father of Sadru Khan. It was on the basis of such evidence, the Trial Court decreed the suit in part accepting that Jagu Khan is the paternal uncle of the respondents/appellants. The evidence with regard to the relationship between Jagu Khan and Hasmat Ali Khan is the only issue required to be decided as the share in the properties would depend upon such relationship. In the event it is contended and held that Jagu Khan is the paternal uncle of the appellants then the judgment under appeal is unassailable. In the background of such evidence, the Court is required to decide on proper appreciation of the evidence adduced on behalf of the parties. Admission is the best piece of evidence.
