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1.
The weight of authority supports the view taken by the learned Judge of this Court from whose decision this appeal has been preferred. The facts cannot be distinguished from those in the case of Tasadduk Husain Khan v. Ali Husain Khan A.W.N. (1908) 121 : 5 Cri.L.J.470 and in the recent case of Kanchan Singh v. Mani Ram 32 A. 201 : 5 Ind. Cas. 212 : 7 A.L.T. 213. In view of these authorities we dismiss the appeal with costs.