Elumalai v. Ashokan
Case brief
What is this about?
The High Court held that the plaintiff failed to prove the execution and attestation of the settlement deed under Section 68 of the Indian Evidence Act. Witness testimony revealed discrepancies and lack of direct execution, rendering the appellate court's findings perversely unsupported by evidence.
What did the court decide?
The second appeal is allowed; the judgment and decree of the lower appellate Court are set aside and the trial Court's decree is restored.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.11.2019
CORAM:
THE HON'BLE MR.JUSTICE R.SUBRAMANIAN
S.A.No.375 of 2014 &
M.P.Nos.1 and 2 of 2014
Elumalai ..Appellant/Respondent/Defendant Vs. Ashokan ..Respondent/Appellant/Plaintiff
PRAYER: Second Appeal filed under Section 100 of C.P.C., against the judgment and decree dated 20.11.2013 in A.S.No.1 of 2013 on the file of the learned Subordinate Judge, Arani, against the judgment and decree dated 18.12.2012 in O.S.No.332 of 2009 on the file of the learned District Munsif, Polur.
For Appellant : Mr.M.K.Thalapathy for Mr.M.Sriram
For Respondent : Mr.J.Arun Prasad
J U D G M E N T
The defendant in O.S.No.332 of 2009 has come up with this appeal, aggrieved by the judgment of the lower appellate Court in A.S.No.1 of 2013, in and by which the lower appellate Court reversed the judgment of the trial Court in O.S.No.332 of 2009 and granted a decree for declaration of title and permanent injunction in favour of the plaintiff/respondent.
Issues for consideration
3 issues framed by the court
Whether the First Appellate Court correctly concluded that the settlement deed was executed and attested under Section 68 of the Indian Evidence Act.
Whether the First Appellate Court correctly reversed the trial Court's finding regarding the nature of possession.
Whether the evidence of the executant and attesting witnesses establishes the due execution and attestation of the Settlement Deed.
Parties & counsel
- appellant
Elumalai
- respondent
Ashokan
Coram
R. Subramanian
Case details
As recorded by the court registry
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