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Chokkalinga Pillai Vs. Mahalingam Pillai - Court Judgment

LegalCrystal Citation
CourtChennai
Decided On
Judge
Reported in24Ind.Cas.383
AppellantChokkalinga Pillai
RespondentMahalingam Pillai
Excerpt:
civil courts, jurisdiction of - istimrari patta--documents, revenue courts relying on--suit fqr declaration that document is false and void, maintain ability of. - .....circumstances which, in his opinion, are strongly against the said plea of payment and because he does not indicate sufficiently that he gave as much weight in defendant's favour and against plaintiff to the circumstance of plaintiff's non-production of the rent deed as we might have given to that circumstance if we had been the judges in the court of first appeal.2. we dismiss the second appeal with costs as we do not think that it is really founded on any question of law.
Judgment:

1. The learned District Judge seems to have, in his judgment, referred rather in too casual a manner to the fact that the plaintiff did not produce the rent deed on which the first defendant (appellant before us) alleged that the payment of Rs. 525 made by him was endorsed. We cannot, however, say that his finding that the alleged payment is false is illegal because he relies on other circumstances which, in his opinion, are strongly against the said plea of payment and because he does not indicate sufficiently that he gave as much weight in defendant's favour and against plaintiff to the circumstance of plaintiff's non-production of the rent deed as we might have given to that circumstance if we had been the Judges in the Court of First Appeal.

2. We dismiss the second appeal with costs as we do not think that it is really founded on any question of law.


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