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Yella Papayya vs Yella Suryanarayana (Minor) By Mother ... on 26 March, 1946 cites

Wali Mohammad vs Mohammad Baksh on 16 December, 1929

All that that case laid down, relying on Wall Muhammad v. Muhammad Baksh (1929) 59 M.L.J. 53 : L.R. 57 I.A. 86 : I.L.R. 11 Lah. 199 (P.C.) was that where the question to be decided is one of fact, it does not involve an issue of law merely because documents which were not instruments of title or otherwise the direct foundations of rights, but were really historical materials have to be construed for the purpose of deciding the question. There is no such instrument in this case which is in the nature of merely a historical material or document upon which no title is founded. On the other hand there are clear dicta of the Privy Council in other cases holding that where the inference is a legal inference arising from facts, the proper effect thereof is a question of law.
Bombay High Court Cites 9 - Cited by 50 - Full Document

Parbati vs Budh Singh And Ors. on 4 July, 1907

In dealing with the oral evidence the learned Subordinate Judge while at one place completely discrediting the testimony of D.W. 2 who merely stated that he cultivated some land under the defendant, ultimately agreed that it was quite possible that D.W. 2 had cultivated the land. Mr. Viyyanna, the learned advocate for the appellant, has rightly stressed that the learned Subordinate Judge was wrong in not taking all the documentary evidence and the several factors, established thereby in their combined effect into account and his way of dealing with the case by examining each document or each circumstance separately and holding that it was not conclusive was not correct. I agree with that contention. As stated by the Privy Council in Parbati v. Naunilal Singh (1909) I.L.R. 31 All. 412 the cumulative effect of all the documents should be taken into account in ascertaining whether in such circumstances a partition had actually been effected. Their Lordships said:
Allahabad High Court Cites 4 - Cited by 4 - Full Document
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