Lord Blanesburgh:-

Their Lordships do not need to hear counsel for the respondents, and it is possible for them to dispose of the appeal at once. Mr. De Gruyther has presented the case of the appellant with his usual directness, and it has become plain that the result of the appeal must depend upon two questions of fact, both of which have been found against the appellant by the High Court. The only real question before the Board in short is whether it has been shown that these findings of fact or either of them should be displaced.

The first finding is that there was never any gift to the appellant's fathers but that there was a gift to the club of the land on which the existing buildings were subsequently erected. The High Court has found that the land was made over by the donor direct to the club for the purpose of the club and that there was never any proprietary interest in the land in Dalip. Their Lordships entirely agree with the finding of the High Court on this matter. The evidence in support of it is to their minds convincing, and the claim of the appellant to the land entirely fails.

The second question relates to the club buildings on the land as distinct from the land its