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1975 Supreme(Ker) 183

T.CHANDRASEKHARA MENON
CHANDA PILLAI – Appellant
Versus
MUNSIFF, TIRUVALLA – Respondent


Judgment :-

1. The petitioner was the plaintiff in O.S. No. 218 of 1971 in the Munsiff's Court, Tiruvalla. He had produced three documents in that case. One document was a sale deed dated 28-9-1970, in respect of a jeep, executed by one K. M. Abraham in favour of one K. T. Thomas for Rs. 11,000/-. The second document was an agreement dated 7-12-1970 executed by one Yohannan Mathai in favour of the said Thomas for payment of the amount of Rs. 9250/-. The third document was an assignment deed in favour of the petitioner of the rights as per the previous agreement for realisation of Rs. 2000/-executed by the said Thomas. These documents were not marked in evidence. According to the petitioner, he withdrew the suit. As per the averments in the counter affidavit filed on behalf of the second respondent by the Tahsildar, Tiruvalla, the suit was not withdrawn as stated by the petitioner but was dismissed by the Munsiff on 25-11-1972 for non-payment of stamp duty and penalty in respect of the documents for which it was specifically posted to a particular date. Anyhow, there is no controversy that the documents concerned were not marked in evidence though they had been impounded by the lear


















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