JUDGMENT

Sir Barnes Peacock, Kt., C.J. - It appears to me that the judgment of Mr. Justice Kemp is the correct one. Putting out of the question the evidence of the nikah marriage between Reasat Ali and Turaban, there was an acknowledgment by Reasat Ali that Nowazis Ali was his son. An acknowledgment according to Mahomedan law in these cases in which acknowledgment is binding, does not amount merely to prima facie evidence which may be rebutted, but it establishes the fact acknowledged. The acknowledgment of a child as being the son of the acknowledger is valid, when the ages of the parties admit of the party acknowledged being the son of the acknowledger, and where the descent of the person acknowledged has not been already established from another. In the present case, as I understand the evidence, when Reasat Ali acknowledged Nowazis Ali to be his son, the latter was not known and had not been established to be the son of another person. If Mr. Allan's contention is correct that an acknowledgment in Mahomedan law in cases in which acknowledgment is allowed, has merely the effect of prima facie evidence, then the rule which is laid down as to the acknowledgment of a son must also b