The Calcutta Weekly Notes Monday May 10 1943

The lower Appellate Court while expressing agreement with the other fining of the trial Court as to the inclusion of the disputed lands in the lease went on to say that it had carefully considered the evdence on record and agreed with the views of the trial Court and held that the Plaitiffs dispossessed the Defendants and their predecessors of those lands. [...] Facts are matters or events in the raw and these must not las confounded with inferences and a general expression of opinion that the Court of apeal agreed with the views of the trial Court is not to be taken as incorporating all the finings of the trial Court in detail. [...] The Judicial Comittee point out that in spite of the" re! nouncement by the Court of Appeal that it agreed with the views of the trial Court the language it used in expressing its own fining was not conclusive and admitted of the interpretation that only failure to give posession had been found. [...] Their Lordships interpret that as disregarding the finding of the Apellate Court as one of agreement with that of the trial Court and coming to a finding of its own which the High Court was free.to do in view of the inconclusive character of the Appellate Court's finding. [...] 106 of the Evidence Act the burden of proving the arpount of mesne profits actually received is on the person receiving them yet as regards the amount of profits that migDt with ordinary diligence have been received by the person in occupation the burden of proving is on the person claiming it.