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1960 Supreme(Kar) 10

S.R.DAS GUPTA, B.M.KALAGATE
KALAPPA SHIDDAPPA UPPAR – Appellant
Versus
BHIMA GOVIND UPPAR – Respondent


S. R. DAS GUPTA, C. J.

( 1 ) THE only point which has to be considered in this appeal is whether or not the lower appellate court was wrong in admitting in evidence statements contained in two Exhibits, being Ex. 58 and 59 in the suit.

( 2 ) THE case of the plaintiffs in the suit was that they were the owners of the suit plot marked A B c D E F and situated in Uppar Lane, Hukkeri, Belgium District. The defendants deny the title of the plaintiffs. In support of their case the plaintiffs produced the said Exhibits, being Exhibit 58 and Exhibit 59. Ex. 58 is dated 12-1-40 and Ex. 59 is dated 13-4-46. Ex. 58 is a sale-deed executed by one Appiah and his minor sons in favour of the plaintiffs. The subject matter of the said sale deed was a plot of land situated to south of the land in question in this suit. In that document it was recited that the northern boundary of the said land was a plot owned by the plaintiffs. Ex. 59 was a rent note executed by one Falcru in favour of plaintiff No. 1. In this document also there is a recital to the effect that the site in question in this suit was to the east of his land and is owned by the plaintiffs. The lower appellate Court admitted these s























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