JUDGMENT - 1. (After stating facts not material to this report his Lordship proceeds)

2. We have referred to the diverse admissions made by the defendants from time to time since the year 1939 of the title of the plaintiff to the suit lands. The learned trial Judge ignored these admissions somewhat lightly purporting to rely upon the judgment of Beaumont, C. J. in Ramabai Shriniwas v. Government of Bombay, 43 Bom LR 232 In the view of the learned trial Judge, it was decided in Ramabais case that admissions made by a person concerning the subject matter in dispute in the course of a proceeding, cannot have any evidentiary value in adjudging upon the truth or otherwise of the claim made by that person in a subsequent proceeding concerning the same subject matter. It must at once be observed that Beaumont C.J. has not laid down any such proposition. We may take this opportunity of stating that the observations made in this case are often misunderstood. Beaumont. C.J. merely laid down that an admission made by a party in a pleading in a vicil proceeding will be regarded as bidning upon him in that proceeding and he will not be permitted to go back upon it in the course of that proceedin

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