RAJAH KRISHNAYYA RAO Vs. RAJAH OF PITTAPUR

JUDGEMENT

(1.) THIS appeal was before the Board in June, 1933, when a preliminary point was considered as to the admissibility of certain evidence which had been rejected by the Indian Courts. As the result of that hearing an order of His Majesty in Council was promulgated by which the evidence in question was declared to be admissible, and the case was remanded to the High Court for fresh findings upon certain of the issues to which the evidence related. It now comes back to the Board, with the findings of the High Court, for final disposal of the appeal.

(2.) THE relevant facts are set out at length in the judgment delivered by Lord Russell of Killowen on June 30, 1933 [krishnayya Rao v. Raja of Pittapur (1933) L. R. 60 I. A. 366 : S. C. 35 Bom L. R. 1076], and it is only necessary now to summarise them very briefly.

(3.) THE case was heard upon the remand by a bench of three Judges of the Madras High Court, who alter considering the further evidence at great length came to the unanimous conclusion that the respondent's legitimacy was established. THE correctness of this conclusion is strenuously denied by the appellants and is the first question which their Lordships have now to decide, as upon it admittedly depends; the respondent's right to sue.