Lord Buckmaster:-

The difficulties with which their Lordships are confronted in this case are not connected with any question of law, nor do they arise from the recorded evidence of the witnesses. They are associated with inferences drawn from documents which are not before the Board and from circumstances attending the hearing before the High Court which it is now impossible to reproduce. Their dispute entirely depends upon certain questions of fact. These questions were all answered by the District Judge, who heard the case in the first instance, in favour of the appellants; and, but for the circumstances to which allusion has been made, it would have been difficult for the respondents to convince their Lordships that they should support the reasoning of the High Court by whom this judgment was overruled.

The history of this litigation extends for more than half a century. It appears that on the 22nd May 1872, two ladies, whose names appear as the first two respondents to this appeal, though one has recently died, obtained a decree in the Privy Council against one Fateh Narayan Choudhri for a sum which now exceeds 90,000 rupees. The proceedings, which were temporarily concluded by