SARAT CHUNDER DEY Vs. GOPAL CHUNDER LAHA

JUDGEMENT

(1.) THIS appeal has been brought against a judgment of the High Court at Calcutta. The case originated in the Court of the Moonsiff of Sealdah, against whose decision an appeal was taken to the District Judge of the 24 Pergunnahs. Accordingly the High Court was precluded by the provisions of Sections 584 and 585 of the Civil Procedure Code, 1882, from reviewing the judgment of the District Judge on the facts which he held to be established, and under the appeal had a question of law only for determination.

(2.) THE Appellants, being desirous of having the scope of their present appeal enlarged, to the effect of allowing them to question the judgment of the District Judge in so far as it involved matters of fact as well as of law, presented an application to be allowed to appeal generally against that judgment; but their Lordships, on the 26th of July, 1890, refused this application. The appeal, therefore, now presents only a question of law for decision, that question being whether, on the facts as determined by the judgment of the District Judge, the Respondent Gopal Chunder is estopped from maintaining his present claim.

(3.) THE facts which have given rise to the present controversy, as these are to be found in the judgment of the District Judge, and the deeds and documents to which he refers, may be shortly stated.