Judgement

Consolidated Appeal (No. 13 of 1945), by special leave, from two judgments and two decrees of the High Court (December 16 and 22, 1937) which reversed two judgments and two decrees of the Court of the Subordinate Judge, First Class, Khandwa (June 15 and 21, 1934).

These two appeals, which were consolidated, arose out of two suits, the first of which was brought by the appellants in the first appeal, or their predecessors in title, claiming possession of a house and certain land and the house thereon. In the second appeal the sole appellant claimed possession of three muafi fields.

The trial court decreed both suits, but, on appeal, the High Court (Stone C. J. and Bose J.) dismissed them.

The facts appear from the judgment of the Judicial Committee. In the first appeal the principal question for determination was whether a will, which was thirty years old, and was produced out of proper custody, and as to which both courts below had held that a statutory presumption as to due execution arose under s. 90 of the Indian Evidence Act, should be presumed in the absence of any evidence to the contrary to have been made by a person of competent understanding.

1946. July 2, 3. Pri