Judgement

Appeal from a decree of the said Chief Court (Aug. 12, 1902) affirming a decree of Bigge J. (April 8, 1902).

The question in the suit was as to the right of the appellant to a share in the estate of his paternal grandfather Moolla Hashim, his claim being as heir of his father Moolla Ahmed bin Hashim, who was the eldest son of Moolla Hashim, but had disappeared in 1869 or 1870. The appellant alleged that he was dead at the time of suit (August 9, 1901), and was to be presumed to have died at the end of seven years from 1886- 1887, when he was said to have been last seen at Bangkok, Siam. The plaintiff placed his fathers death about 1894, the said Hashim, his paternal grandfather, having died on January 27, 1884. Disputes arose as to the inheritance and as to an alleged will of the deceased. These were referred to an arbitrator, and the plaintiff claimed that the award was in his favour.

Both Courts concurred in finding that Ahmed did not survive his father, referring to s. 108 of the Indian Evidence Act (I. of 1872). The first Court came to the conclusions (a) The plaintiff having failed to shew that Ahmed was either seen or heard of after he disappeared in 1869 or 1870 by