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Judgment
5 paragraphs · 113 words
1.
We think that the recital of the admission in the judgment C was a relevant fact as evidence of the jenmi''s title u/s 35 of the Evidence Act fsee
Lekraj Kuar v. Mahpal Singh ILR 5 Cal. 744, Parbutty Dassi v. Purno Chunder Singh ILR 9 Cal. 586, Byathamma v. Avulla (see ante, p. 19).
2.
The Judge was therefore wrong in excluding the evidence from consideration. It is for him to consider the binding effect of the admission and
also the question raised in the second ground of appeal.
3.
We must reverse the decree and remand the appeal to the lower Appellate Court for disposal. Costs will follow the result.