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Baijnath Prasad Singh Vs. Kedar Nath Goenka - Court Judgment

LegalCrystal Citation
SubjectProperty
CourtMumbai
Decided On
Judge
Reported in(1928)30BOMLR115
AppellantBaijnath Prasad Singh
RespondentKedar Nath Goenka
DispositionAppeal dismissed
Excerpt:
impartible estate, alienability of-concurrent findings of fact-non-interference on appeal-practice of privy council.;in the absence of proof of custom restricting alienation, an impartible estate is alienable.;protap chandra deo v. jayadish chandra deo (1927) i.l.r. 54 i.a, 289, s.c. bom. l.r. 1136. followed.;concurrent findings of the courts in india on questions of fact (as, for instance, fraud and misrepresentation) will not be disturbed by the judicial committee on appeal.;judgement of the high court affirmed. - viscount sumner, j.1. their lordships are indebted to counsel for having at the outset explained the difficulties that lie in the way of the appellant in bringing this appeal to a conclusion satisfactory to himself. in their lordships' opinion the first part of the case is completely covered by the recent decision of their lordships' board in the case of protap chandra deo v. jagadish chandra deo and, as to the second part, it relates to concurrent findings of the courts in india on questions of fact, and their lordships are therefore unable to entertain it.2. their lordships will, therefore, humbly advise his majesty that this appeal should be dismissed with costs.
Judgment:

Viscount Sumner, J.

1. Their Lordships are indebted to counsel for having at the outset explained the difficulties that lie in the way of the appellant in bringing this appeal to a conclusion satisfactory to himself. In their Lordships' opinion the first part of the case is completely covered by the recent decision of their Lordships' Board in the case of Protap Chandra Deo v. Jagadish Chandra Deo and, as to the second part, it relates to concurrent findings of the Courts in India on questions of fact, and their Lordships are therefore unable to entertain it.

2. Their Lordships will, therefore, humbly advise His Majesty that this appeal should be dismissed with costs.


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