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C. Venkatachari Vs. C. Rangaswami Iyengar - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Judge
Reported in3Ind.Cas.223
AppellantC. Venkatachari
RespondentC. Rangaswami Iyengar
Cases ReferredKurri Veerareddi v. Kurri Bapireddi
Excerpt:
registration act (iii of 1877), section 17 - document relating to immovable property but not conferring any rights--admissibility in evidence. - 1. we are of opinion that the agreement exhibit iii is admissible for the purpose of showing the nature of the defendant's possession and the findings are that the defendant has held the land rent-free since the date of the agreement. on the authority of kurri veerareddi v. kurri bapireddi 16 m.l.j. 395 it may be that notwithstanding exhibit iii the plaintiff is entitled to eject the defendant, but, in our opinion, he is not entitled to enforce on him the acceptance of a pattah.2. we must set aside the decree of the district judge and restore that of the court of first instance with costs here and in the lower appellate court.
Judgment:

1. We are of opinion that the agreement Exhibit III is admissible for the purpose of showing the nature of the defendant's possession and the findings are that the defendant has held the land rent-free since the date of the agreement. On the authority of Kurri Veerareddi v. Kurri Bapireddi 16 M.L.J. 395 it may be that notwithstanding Exhibit III the plaintiff is entitled to eject the defendant, but, in our opinion, he is not entitled to enforce on him the acceptance of a pattah.

2. We must set aside the decree of the District Judge and restore that of the Court of first instance with costs here and in the lower appellate Court.


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