GHAZAFFAR ALI KHAN Vs. MUSAMMAT KANIZ FATIMA

JUDGEMENT

(1.) This is an appeal from a judgment and decree of the Court of the Judicial Commissioner of Oudh, which overruled the decision of the Subordinate Judge of Sitapur.

(2.) The suit out of which the appeal arises was brought by the present appellant in the last mentioned Court to establish title to and recover possession of an eight- anna share in the village of Bambhauri, the plaintiff's claim being based upon his alleged right to recover the property in question as heir to his father, Chaudhri Muzaffar Ali Khan. About the parentage of the appellant there is no dispute, and of all the questions raised in the case, one only remains for consideration on the present appeal, and that is whether the appellant is to be regarded as the legitimate son of his father. On this question the Subordinate Judge decided in the appellant's favour, but he was overruled by the Court of the Judicial Commissioner.

(3.) Their Lordships of opinion that the learned Judges of that Court were right.