KIDAR NATH Vs. MATHU MAL

JUDGEMENT

(1.) This is an appeal from a judgment and decree of the Chief Court of the Punjab. The decree was dated the 7th of July 1906. It reversed a decree of the District Judge of Delhi. The respondent, as plaintiff, sued the appellant for possession of a house and compound in Delhi. The first Court dismissed the suit, and on appeal the Chief Court gave the plaintiff a decree for possession of the property on certain terms.

(2.) Nine issues were raised, and evidence was adduced with regard to them in the Court of first instance ; the questions have now, however, been limited to the issues upon which the Chief Court proceeded, and which are now to be referred to.

(3.) The first of those questions is, has the relationship of the plaintiff, which is in issue in this suit, been proved ? The proof is denied. One Bishun Lal the former owner of the property, was twice, married ; by his first wife the allegation is that he had a daughter who was the mother of the plaintiff, Mathu Mai. The oral evidence upon the point is meagre and conflicting.