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1878 Supreme(Cal) 217

WHITE, R. C. MITTER
Ubilack Rai – Appellant
Versus
Dallial Rai – Respondent


JUDGMENT

White, J. - So far as the pottah bears the seal of Futtey Ali, we have no reason to find fault with the mode by which the Court below has arrived at the conclusion that the seal was the genuine seal of Futtey Ali; but inasmuch as besides Futtey Ali, there were two other maliks, who have not sealed or signed the pottah, the authority of Shyam Lall to sign for them should be proved; and such proof is a necessary preliminary to the admission of the document in evidence.

2. The Judge states thus--"The issue which I have to try is the mokurrari pottah genuine; and if so, was it effectuated or not." "What the Judge says on this issue is this:--"The evidence adduced on behalf of the pottah is fully satisfactory. True that no direct evidence was given to establish its authenticity, but it is also true that no direct evidence was available. The pottah is more than forty years old. The writing of the lease was proved by the evidence given by Soonder Lall, the son of Shyam Lall, the writer of it. The seal of Ali Buksh, alias Futtey Ali, on the pottah is, on comparison with another seal impressed on a document of 1236 (1830), which was duly registered, inferentially proved, Defendants'


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