High Courts(1913) 10 MAD CK 0010

Ayyakutti Mankondan vs Periasawmi Koundan and Others

Madras High Court · Decided on 15 October 1913 · Citation: AIR 1914 Mad 121(2) : 24 Ind. Cas. 771 : (1914) 1 LW 31 : (1916) 30 MLJ 404

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Judgment

7 paragraphs · 142 words
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.