NAMDEO vs GANOBA - 1924 Supreme(Nagpur) 189

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1924 Supreme(Nagpur) 189

P.S.KOTVAL
NAMDEO – Appellant
Versus
GANOBA – Respondent

Advocates Appeared:
B K Bose, P Rudra, S B Gokhale, V N Bapat, Advocates

JUDGMENT

P S Kotval—Two points are raised in the memorandum of appeal, one as regards the relationship of the plaintiffs to Chandrabhan and the other as regards the award of mesne profits to them. The latter is not pressed. Its decision depended entirely on a finding of fact and is not open to challenge in second appeal.

2. A long argument has been adressed on the first point but the decision largely depends upon the admissibility of the genealogical tree marked A-3 in this Court. The lower appellate Court has presumed it to be genuine, that is I understand, not fabricated for the, purposes of this ease. Its admissibility is challenged in this Court.

3. As a family pedigree Exhibit A-3 would be admissible under section 32 (6) Evidence Act, but the appellants contend that the document has no claim to be called a family pedigree as it is not in the words of their Lordships of the Privy Council in Kalkaprasad v. Mathuraprasad at 522 'an ancient family record handed down from generation to generation and added to as a member of the family dies or is born.'' The document appears to be written in one hand and at, one time and does not on the face of it, come within the above description. Th

Click Here to Read the rest of this document