Judgement

This Appeal (No. 5 of 1944), by special leave in forma pauperis, was a re-hearing of an appeal by the appellants from a decree of the High Court in its appellate civil jurisdiction (November 15, 1938) dismissing the appellants appeal from a decree of that High Court in its original civil jurisdiction (December 1, 1936).

The present appeal was dismissed by Order in Council dated June 22, 1948, which gave effect to the humble advice-given in the judgment of the Board delivered on June 17, 1948. The appellants subsequently presented a petition asking that the Order in Council should be recalled and leave be granted for the appeal to be reheard, alleging in support of the petition that their Lordships, in coming to their conclusions, had been misled with regard to a certain matter to which reference will presently be made. The prayer of the petition was granted and this re-hearing was ordered.

In the suit out of which the appeal arose the respondent (plaintiff) obtained a declaration that he was entitled to the property in suit as the adopted son of a Hindu widow named Vasavambal, with consequential relief. The claim had been opposed by the appellants (defendants) on the grou