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Ayyakutti Mankondan Vs. Periasawmi Koundan and ors. - Court Judgment

LegalCrystal Citation
Decided On
Reported inAIR1914Mad121(2); 24Ind.Cas.771; (1916)30MLJ404
AppellantAyyakutti Mankondan
RespondentPeriasawmi Koundan and ors.
- .....the district munsif with costs in this and the lower appellate.....

1. We think that Ex. VIII is a formal declaration of division of status attested by witnesses and that as such it affects the immovable properties mentioned therein, and is inadmissible in evidence. We accordingly direct Ex. VIII and the evidence relating thereto to be excluded from the record, and have decided to call on the District Judge to submit revised findings on issues 1 and 4 on the evidence on record. The findings should be submitted in six weeks. Seven days will be allowed for filing objections. The other questions are reserved.

2. In compliance with the' order contained in the above Judgment, the District Judge of Madura submitted findings.

3. We accept the findings and set aside the decree of the Lower Appellate Court and restore that of the District Munsif with costs in this and the Lower Appellate Court.

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