R.M. Sahai, J.

In this petition directed against the order of the Deputy Director, the only controversy that now survives for consideration is whether presumption of law raised under Sections. 107 and 108 of the Indian Evidence Act in relation to a person who has not been heard of for seven years by those who would have naturally heard of him extends to the death or also to the time of death at any point within seven years or immediately after expiry of the aforesaid period.

2. There appears to be no judicial divergence that Section 108 enacts a rule of legal presumption that a person not heard of for seven years by those who would naturally have heard of him shall be ; presumed to be dead. But there is no unanimity in respect of the point when death shall be presumed to have taken place. In Shankarappa v. Sheo Durappa AIR 1963 Mys 115 a Division Bench of the Mysore High Court relying on two English decisions in Chipchase v. Chipchase 1939 3 AER 895 and Watkins v. Watkins 53 AER 1113 agreed with the principle laid down by the Madras High Court in Balnicken v. Achmanicken AIR 1921 Mad 285 and held :

In a case where the point of time of which the death has to be referred, may