TILAKDHARI SINGH Vs. KESHO PRASAD SINGH

JUDGEMENT

(1.) This is an appeal from a decree of the High Court at Patna which affirmed a decree of the Subordinate Judge of Arrah. The question involved in the appeal relates to the extent or area of a mahal called Naubarar.

(2.) The judgments below, in so far as they are judgments of fact, were concurrent judgments, and Mr. De Gruyther very properly, on behalf of the respondent, intimated that he would object to the competency of the appeal on that ground.

(3.) Their lordships allowed the case to be opened, and it has been opened with great clearness and fulness by Sir George Lowndes. Ho has explained the point bearing upon what is the true nature of the deliverance pronounced by the High Court and the Court below, and he has maintained that, notwithstanding an apparent concurrence in findings of fact, there still remains as after explained a case which can legitimately be brought, as matter of law, under the well-known Indian practice, before their lordships,