Lord Atkinson :-

This is an appeal from the decision of the Judicial Commissioner of the Central Provinces on appeal from the District Court of Nimar reversing a judgment of the latter Court in an action in which the present appellant was plaintiff and the present respondents were defendants. The fact that the respondents have not appeared on the hearing of the appeal before this Board, requires that the evidence, and the points raised in the case should be examined by their Lordships in more detail than would have been necessary, had counsel for both the appellant and the respondents appeared and presented their respective contentions to them.

The action out of which the appeal has arisen was brought by the appellant, Rao Kishore Singh, to have it declared that he, as sole heir of his second cousin, Rao Himmat Singh, who died on 16th October, 1906, was entitled to a certain estate, particulars of which are set out in detail in the schedules attached to the plaint, of which his said cousin was owner in possession at the date of his death, and also to recover possession of the same. The appellant claims this heirship by virtue of a special family custom upon which he relies, accordin