Lord Atkin. -

This is an appeal from the High Court of Bombay in which the appeal Court reversed a decision of Crump, on the original side. It involves a pure question of fact. There are two suits which were tried together. In the first, begun on 26th January 1922, one Kessarbai, the widow of Karsandas Ludha, claimed to recover possession of four cases of saffron, the property of the firm of Khatau, Ludha and Co., of which she was a partner, from the defendant Jethabhai. The plaintiff's co-partner Odhavji is joined as a defendant. In the second suit commenced on 1st February 1922, Jethabhai seeks against the two partners in the firm a declaration that the four cases of saffron are charged in his favour with the payment of Rs. 20,000, an advance made by him to them, and seeks payment of the said sum and the enforcement of his charge. The question is whether the advance was ever made and the charge given Kessarbai, the plaintiff in the first suit, is an old Hindu widow of a former partner in the firm of Khatau, Ludha and Co., who carried on business in Bombay as importers of saffron. At the material time she was a partner together with one Odhavji, who derived his interest from the w