JUDGMENT :- This second appeal involves a question of considerable interest, upon which I am not able to find many decided authorities in this country, there are, indisputably, English authorities, but, for reasons I shall state later, I am certainly doubtful if those authorities could be implicitly followed in India. The broad facts are not in controversy, and a very brief conspectus of them will be sufficient for the disposal of the appeal.

2. There was a certain T.J. Bhagat, a young man of about 24, who according to the record, disappeared from his house on 12-12-1950 and has not been subsequently heard of. It is proved that this young man was married, that he was living with his parents and brothers, and that he was receiving a regular allowance of Rs. 100 per mensem from Bhagat Estates Ltd., a family concern. His father-in-law inserted an advertisement in the "Hindu" in January 1951, along with u photograph, announcing a reward for the informer of the whereabouts of the missing man. There was also a complaint to the police. But these efforts were all in vain and, to this day, T.J. Bhagat, who is said to have disappeared on 12-12-1950, has not been traced. There were he