Judgement

Appeal (No. 53 of 1928) from a decree of the Court of the Judicial Commissioner (January 24, 1927) reversing a decree of the District Judge, Kohat.

The appellant, a Mahomedan, sued claiming (inter alia) a declaration that he was the lawful son of Khushdil Khan, deceased. The District Judge made a decree accordingly, but it was reversed on appeal to the Court of the Judicial Commissioner.

The facts and the grounds of the decisions appear from the judgment of the Judicial Committee.

Law Rep. 56 Ind. App. 201 ( 1928- 1929) Mohabbat Ali Khan V. Mahomed Ibrahim Khan

55

1928. Dec. 3, 4. De Gruyther K.C. and Parikh for the appellant.

Dunne K.C. and W. Wallach for the respondents.

As to the presumption arising from acknowledgments reference was made to Fuzeelum v. Abdool Wahed (( 1868) 10 S. W. R. 469, 474.) ; Sadik Husain Khan v. Hashim Ali Khan (( 1916) L. R. 43 I.

A. 212,231.) ; Imambandi v. Mutsaddi (( 1918) L. R. 45 I. A. 73, 82.); Habibur Rahman Chowdhury

v. Altaf Ali Chowdhury (( 1921) L. R. 48 I. A. 114.); Ameer Ali, Mahommedan Law, 3rd ed., vol. ii.,

p. 255, and Wilsons Anglo-Muhammadan Law, ss. 84, 85 ; and as to the observation of parda in the North-West Provinces to J