Judgement

Appeal (No. 17 of 1945), by special leave, from a decree of the High Court in its civil appellate jurisdiction (November 25, 1940) which confirmed a judgment and decree of the First Additional District Judge, Dacca (August 24, 1936).

The following facts are taken from the judgment of the Judicial Committee The present suit was instituted in the Court of the First Subordinate Judge at Dacca on July 24, 1930, by the respondent Kumar Ramendra Narayan Roy (hereinafter referred to as the plaintiff) against the present appellant and others. In the plaint, as subsequently amended on April 15, 1931, the plaintiff sought (ka.) a declaration that he was Kumar Ramendra Narayan Roy, the second son of the late Rajah Rajendra Narayan Roy of Bhowal and (ka. x), that his possession should be confirmed in respect of the one-third share of the properties described in the schedule, or, if from the evidence and under the circumstances plaintiffs possession thereof should not be established, then possession thereof should be given to him. He further asked for injunctions against obstruction to his possession. The present appellant filed a written statement denying, inter alia, the identity of