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1971 Supreme(SC) 255

A.N.RAY, C.A.VAIDIALINGAM
Sait Tarajee Khimchand – Appellant
Versus
Velamarti Satyam Alias Satteyya – Respondent


Judgement Key Points

Based on the provided legal document, here are the key points relevant to the case:

  1. The dispute primarily concerns whether the defendants made a payment of Rs. 19,000/- on 31 December, 1953, and whether this payment was properly endorsed on the mortgage bond. The defendants' claim is supported by oral evidence, books of account, and the physical evidence of the endorsement and its obliteration (!) (!) (!) (!) .

  2. The plaintiffs deny the payment and contend that the endorsement was tampered with, suggesting that the endorsement in Marwari script was forged or altered after the fact. They argue that the original endorsement was erased or rubbed off and replaced with a different entry, which they claim was fabricated (!) (!) (!) .

  3. There is significant evidence indicating that the endorsement for Rs. 19,000/- was erased or obliterated, and a new endorsement in Marwari script was created, possibly through chemical means or other tampering. The evidence suggests that the plaintiffs themselves may have altered the document to support their case (!) (!) (!) .

  4. The case also involves whether the defendants acknowledged liability for Rs. 26,000/- or Rs. 2,600/- on 12 January, 1955. The endorsements and oral testimonies on this point are conflicting. The evidence indicates that the endorsement in Marwari script in respect of Rs. 26,000/- was in the same condition as when initially observed, and there are doubts about whether figures were tampered with or whether the endorsement was genuine (!) (!) (!) (!) .

  5. The credibility of the documents and the evidence surrounding the endorsements is critical. The court notes that the mere marking of exhibits does not substitute for proof, and the authenticity of the endorsements, especially in the absence of direct proof of tampering, is a matter for careful scrutiny (!) (!) .

  6. The surrounding circumstances, including the conduct of the parties and the nature of the evidence, support the view that the endorsement for Rs. 19,000/- was likely made by the defendant and subsequently tampered with by the plaintiffs. The evidence suggests that the plaintiffs may have fabricated or manipulated the document to prove their claim of a higher outstanding amount (!) (!) .

  7. The court emphasizes that in cases involving document tampering or alterations, proof must be clear and direct. The absence of specific issues raised about tampering in pleadings and the lack of direct evidence of such tampering weaken the plaintiffs' case (!) (!) .

  8. The final judgment affirms the decision of the lower courts to give the defendants credit for the Rs. 19,000/- payment made on 31 December, 1953, and dismisses the appeal, upholding the modifications to the decree accordingly (!) (!) .

In summary, the case hinges on the authenticity and integrity of the endorsements on the mortgage bond, with substantial evidence pointing toward tampering by the plaintiffs. The court's findings favor the defendants' version of events, supporting the conclusion that the Rs. 19,000/- payment was duly made and properly endorsed, and that the subsequent alterations were not genuine.


Judgment

RAY, J.: - This is an appeal by certificate from the judgment dated 13 January, 1964 of the High Court of Andhra Pradesh modifying the decree passed by the Subordinate Judge on 27 November, 1958 and allowing the appeal from the decree by giving the defendants credit for the payment of Rs. 19,000/- on 31 December, 1953 towards the mortgage bond.

2. The appellants are the plaintiffs. The first appellant is a registered firm and the other appellents are its partners. The defendants Nos. 1 to 4 were the principal defendants and sued as mortgagees. Defendants Nos. 5 and 6 were partners of the plaintiffs firm who had retired. Defendants Nos. 7 and 8 were the subsequent mortgagees. Eventually, come of the heirs and legal representatives of the plaintiff s partners were brought on the record of the suit. They were numbered plaintiffs 6 to 10.

3. The appellants instituted the suit for the recovery of Rs. 27,995-11-0 with further interest and costs on the basis of a mortgage bond dated 1 January, 1948 executed by the first defendant and his sons defendants 2 to 4 in favour of the plaintiff firm.. The principal sum secured Rs. 17,500/- was repayable with compound interest at 1% per mens







































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