High CourtsFull Bench(1924) 02 BOM CK 0004

Judawan Prasad vs Shatrughan Prasad

Bombay High Court · Decided on 7 February 1924 · Citation: (1924) 26 BOMLR 568

HON’BLE JUDGES
Shaw, J · Salvesen, J · Phillimore, J · John Edge, J · Blanesburgh, J
RESULT
Dismissed

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Judgment

4 paragraphs · 266 words

Shaw, J.—This is an appeal against a decree of the Court of the Judicial Commissioner of the Central Provinces, reversing a decree of the District Judge at Raipur, which had dismissed the suit.

2.

There are two questions in the appeal. One has reference to the adoption of a child who has been for twenty-four years in possession, since the alleged date of adoption, of a certain village property. The other point in the appeal is one of limitation.

3.

Their Lordships, however, have come to a certain conclusion on the first of these two points, which renders it unnecessary to deal with the second.

4.

On a question of fact of this kind, their Lordships simply announce the decision of the Board, which is to the effect that they entirely agree in substance with the decree pronounced by the Court of the Judicial Commissioner. That decree, while reversing the decree of the District Judge, contains certain observations with regard to a judicial officer which, in their Lordships'' opinion, were, from anything appearing in the record, unnecessary, and which do not add to the strength of the judgment. That judgment, however, thus reversing the decree of the District Judge, is, in their Lordships'' opinion, substantially correct as a review of the evidence upon the question of fact. Their Lordships have had nothing before them which, in their view, would justify a reversal of the decree passed in accordance with the judgment; which will accordingly stand, and the costs of the appeal will fall upon the appellant. Their Lordships will humbly advise His Majesty in that sense.