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Thama Vs. Kondan and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Judge
Reported in(1892)ILR15Mad378
AppellantThama
RespondentKondan and ors.
Cases ReferredByathamma v. Avulla (see
Excerpt:
evidence act - act i of 1872, section 35--recital in a judgment--admission of jenmi's title. - 1. we think that the recital of the admission in the judgment c was a relevant fact as evidence of the jenmi's title under section 35 of the evidence act fsee lekraj kuar v. mahpal singh i.l.r. 5 cal. 744, parbutty dassi v. purno chunder singh i.l.r. 9 cal. 586, byathamma v. avulla (see ante, p. 19).2. the judge was therefore wrong in excluding the evidence from consideration. it is for him to consider the binding effect of the admission and also the question raised in the second ground of appeal.3. we must reverse the decree and remand the appeal to the lower appellate court for disposal. costs will follow the result.
Judgment:

1. We think that the recital of the admission in the judgment C was a relevant fact as evidence of the jenmi's title under Section 35 of the Evidence Act fsee Lekraj Kuar v. Mahpal Singh I.L.R. 5 Cal. 744, Parbutty Dassi v. Purno Chunder Singh I.L.R. 9 Cal. 586, Byathamma v. Avulla (see ante, p. 19).

2. The Judge was therefore wrong in excluding the evidence from consideration. It is for him to consider the binding effect of the admission and also the question raised in the second ground of appeal.

3. We must reverse the decree and remand the appeal to the lower Appellate Court for disposal. Costs will follow the result.


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