V.R. Krishna Iyer, J.

1. Counsel for defendants 2 to 7 (who are the appellants in this second appeal) has argued a sterile point of law arising under S.35 of the Kerala Stamp Act (corresponding to S.36 of the Indian Stamp Act) challenging the view taken by the courts below that a copy of an insufficiency stamped or an unstamped instrument, admitted in evidence, cannot be acted upon or even regarded as admitted in evidence notwithstanding its exhibition as a document in the case. Sterile, I say, because some legal questions have large social stakes while others are barren of social benefit but provide scope for legal ingenuity, subtle forensic exercise and speculative litigation as in this case. This later class of legal point, if beset with judicial conflict, must be settled by legislative action in time unless the Supreme Court pronounces upon it in the meanwhile.

2. The plaintiff brought a suit for recovery of possession of the suit property, on the strength of his title, from defendants 1 to 4 who were alleged to be trespassers on the land. The jenmi of the property is one Meledathu Mana which leased the land on verumpattom right to another, by name Velappan. This latter a