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Chidambaram Chettyar Vs. Subbaragava Sastri and ors. - Court Judgment

LegalCrystal Citation
CourtChennai
Decided On
Judge
Reported in16Ind.Cas.207
AppellantChidambaram Chettyar
RespondentSubbaragava Sastri and ors.
Cases ReferredShamu Patter v. Abdul Kadir Ravuthan
Excerpt:
transfer of property act (iv of 1882), section 59 - mortgage--attestation--attestation by witness who did not witness execution--invalidity. - 1. the two witnesses, plaintiff's witnesses nos. 2 and 3, prove that the attesting witnesses were not present at the execution of the document, and that it was attested on the acknowledgment of the 1st defendant, the executant. it has been held in shamu patter v. abdul kadir ravuthan 18 m.l.j. 219 that this is insufficient and that the document must be treated as one not duly attested under section 59 of the transfer of property act. it cannot, therefore, be enforced. we confirm the appeal on this ground and dismiss it with costs.
Judgment:

1. The two witnesses, plaintiff's witnesses Nos. 2 and 3, prove that the attesting witnesses were not present at the execution of the document, and that it was attested on the acknowledgment of the 1st defendant, the executant. It has been held in Shamu Patter v. Abdul Kadir Ravuthan 18 M.L.J. 219 that this is insufficient and that the document must be treated as one not duly attested under Section 59 of the Transfer of Property Act. It cannot, therefore, be enforced. We confirm the appeal on this ground and dismiss it with costs.


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