Judgement

Appeal (No. 54 of 1920) from a judgment and decree of the High Court (August 1, 1918) affirming a decree of that Court in its original civil jurisdiction (May 14, 1917).

The first appellant instituted a suit against the respondents claiming to be the sole heir of Nawab Sobhan of Bogra ; the deceased Nawab was a Sunni Mohammedan. A second plaintiff to whom Habibur had transferred part of his claim was joined, but for convenience Habibur is hereinafter referred to as the appellant or the plaintiff.

The plaint alleged that the plaintiff was the son of the Nawab by his second wife one Mozelle Cohen, a Jewess converted to Mohammedanism. The respondents by their defence denied that the Nawab and Mozelle Cohen were married and alleged that the plaintiff was an illegitimate son of the Nawab by Mozelle Cohen. After the hearing was commenced the plaint was amended by alleging that the Nawab had acknowledged the plaintiff as his son, and stating that if the marriage was not proved

Law. Rep. 48 Ind. App. 114 ( 1920- 1921) Habibur Rahman C howdhury V. Altaf Ali C howdhury

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reliance would be placed upon the acknowledgment as establishing the plaintiffs legitimacy.

Three of the issues