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Privy Council Appeal No. 16 of 1946, decided on 21st May 1947, from Peshawar.
There are concurrent findings of fact which, their Lordships consider, are a fatal obstacle to the success of this appeal. C. S. Rewcastle and P. V. Subba Row, for Appellant. Solicitors : Hy. S. L. Polak & Co. W. W. K. Page and C. Bagram, for Respondents. Solicitors : T. L. Wilson & Co.
In this case counsel for the appellant has been constrained to admit that there are concurrent findings of fact which, their Lordships consider, are a fatal obstacle to the success of this appeal. There is also a question of limitation which their Lordships think may be equally fatal. In the circumstances their Lordships will humbly advise His Majesty that the appeal ought to be dismissed. The appellant will pay the costs of the respondents in this appeal. K. M. A. Appeal dismissed.
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