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2023 Supreme(Ker) 639

A. BADHARUDEEN
Ratheesh, S/o. Karunakaran – Appellant
Versus
V. S. Mary, D/o. Velayudhan – Respondent


Advocates:
Advocate Appeared:
For the Appellant : K.SIJU
For the Respondent: SRI.LATHEESH SEBASTIAN

Judgement Key Points

The statement you provided corresponds to a general legal principle found in the context of admissibility and limited use of registered documents as evidence. This principle is typically found in the paragraph discussing the admissibility of documents requiring registration and their limitations in proving ownership or transfer.

Based on standard legal texts, this principle is usually articulated in a paragraph that explains the purpose and scope of admissibility of such documents, often early in the section discussing evidence of transactions involving registered documents.

Therefore, the paragraph most likely to contain this statement is the one that discusses the admissibility of documents marked as evidence without objection and clarifies that their use is limited to the purpose for which they are admitted, not as conclusive proof of ownership or transfer.

Likely paragraph number: (!)


JUDGMENT :

This regular second appeal has been filed under section 100 of the Civil Procedure Code (hereinafter referred to as 'CPC' for short) and the appellant is the defendant in O.S.No.115/2013 on the files of the Munsiff 's Court, Attingal. The appellant is aggrieved by the decree and judgment dated 30.06.2017 in OS No.115/2013 as well as decree and judgment in AS No.21/2017 dated 20.12.2019 on the files of the Sub Court, Attingal. The respondent herein is the plaintiff in the above Suit.

2. Heard the learned counsel for appellant as well as the learned counsel appearing for the respondent.

3. This appeal got admitted by raising the following substantive questions of law.

    i) Whether a document required to be registered is admissible in to evidence U/s.49 of the Registration Act?

ii) Whether Ext.A1 agreement is one coming under proviso to Sect.49(c) of the Registration Act if so the same is a collateral transaction or not?

iii) Whether issuance of a quit notice U/s.106 of Transfer of Property Act is necessary before initiating suit for eviction?

4. I shall refer the parties in this regular second appeal as 'plaintiff' and 'defendant' for convenience.

5. The case put up by the plaintif

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