( 1 ) AS I agree with the conclusions as indicated in the judgment to be just delivered by my learned brother, I do not think it necessary to discuss the various questions raised. There is, however, one matter to which I would advert.

( 2 ) ONE of the most important questions raised in this appeal depends upon the interpretation of a document which is marked as Ex. 1 in this case. This document was executed by the Registrar of this Court on behalf of certain parties under the orders passed by the Court in Original Suit No. 305 of 1907 in the Original Side of this Court. During the hearing of the present appeal before us, it was clear that the records of that suit should be looked into. We ourselves felt the difficulty and on the 25th July 1956, we passed the following order:-"both the parties agree that the records in Original Suit No. 345 of 1907 should be brought up. The order passed by this Court in that suit on the 9th March 1909, cannot be understood or properly explained without the records being looked into. We direct the Registrar, Original Side, to send to this Court the original records in Suit No. 345 of 1907 (Sm. Fool Commaree Dasi v. Sm. Prabhabat