Hindu Mahasabha Foundation (Trust) v. Manjula
Case brief
What is this about?
Kerala High Court EX.SA No. 4 of 2025 (M.A. Abdul Hakhim, 21-03-2025; neutral citation 2025:KER:24583): dismissal of Execution Second Appeal against confirmation of rejection of Order XXI Rule 97 CPC claim petition alleging oral lease/tenancy of 07.08.2020; execution of rent-control eviction order (R.C.P. 12/2022, E.P. 741/2024, E.A. 3070/2024, A.S. 7/2025); unmarked documents cannot be relied upon without evidence affidavit and cross-examination; additional evidence in appeal only via Order XLI Rule 27 CPC petition; trust created by tenant's office bearer Kishan C.J. with no landlord nexus; no substantial question of law; appeal dismissed.
What did the court decide?
Mere production of documents before the Execution Court is not sufficient to have them marked in evidence; the claim petitioners were required to file an evidence affidavit marking the documents and make themselves available for cross-examination, which they did not do — nobody was examined and no document was marked in evidence per the Trial Court order's Appendix.