Lord Thankerton.-This is an appeal by special leave from a decree of the High Court of Judicature at Fort William in Bengal, dated November, 25, 1940, dismissing an appeal against a decree of the First Additional District Judge, Dacca, dated the 24th August, 1936.

The present suit was instituted in the Court of the First Subordinate Judge at Dacca on the 24th July, 1930, by the respondent Kumar Ramendra Narayan Roy (hereinafter referred to as the plaintiff) against the present appellant and others. In the plaint, as subsequently amended on the 15th April, 1931, the plaintiff sought (ka) a declaration that he is Kumar Ramendra Narayan Roy, the second son of the late Rajah Rajendra Narayan Roy of Bhowal and (ka 1), that his possession should be confirmed in respect of the one-third share of the properties described in the schedule, or, if from the evidence and under the circumstances plaintiff’s possession thereof should not be established, then possession thereof should be given to him. He further asked for injunctions against obstruction to his possession. The present appellant filed a written statement denying, inter alia, the identity of the plaintiff with Kumar Ramendra Narayan R

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