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Ayyakutti Mankondan Vs. Periasami Koundan - Court Judgment

LegalCrystal Citation
Decided On
Reported inAIR1916Mad709(1); 31Ind.Cas.615
AppellantAyyakutti Mankondan
RespondentPeriasami Koundan
registration act (xvi of 1908), sections 17, 49 - book containing formal declaration of division of status of members of joint hindu family unregistered, admissibility of, in evidence for proving divided status of family. - .....that of the munsif with costs in the high court and the lower appellate.....

1. We think that Exhibit VIII is a formal declaration of division of status attested by witnesses and that as such, it affects the immoveable properties mentioned therein, and is inadmissible in evidence. We accordingly direct Exhibit VIII and the evidence relating thereto to be excluded from the record, and have decided to call en 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 which were in favour of the appellant and the High Court, accepting the same, set aside the decree of the lower Appellate Court and restored that of the Munsif with costs in the High Court and the lower Appellate Court.

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