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1892 Supreme(Mad) 56
IN THE HIGH COURT OF MARAS
A J Collins, Kt., Parker
Thama
Versus
Kondan And Ors.
Decided On : 9 March, 1892
The admission as a relevant fact under Section 35 of the Evidence Act and its consideration as evidence of jenmis title.
Headnote:
Admission - Relevant Fact under Section 35 of the Evidence Act - The court considered the admission as evidence of the jenmis title under Section 35 of the Evidence Act and found the Judge wrong in excluding the evidence from consideration. The decree was reversed and the appeal remanded to the lower Appellate Court for disposal.
Fact of the Case:
The court found the recital of the admission in the judgment to be a relevant fact as evidence of the jenmis title under Section 35 of the Evidence Act.
Finding of the Court:
The Judge was wrong in excluding the evidence from consideration, and the decree was reversed and the appeal remanded to the lower Appellate Court for disposal.
Issues: The exclusion of evidence from consideration and the binding effect of the admission were the key issues.
Ratio Decidendi: The admission was considered as evidence of jenmis title under Section 35 of the Evidence Act, and the Judge's exclusion of the evidence was found to be incorrect.
Final Decision: The decree was reversed, and the appeal was remanded to the lower Appellate Court for disposal.
1. We think that the recital of the admission in the judgment C was a relevant fact as evidence of the jenmis title under Section 35 of the Evidence Act fsee Lekraj Kuar v. Mahpal Singh I.L.R., 5 Cal., 744, Parbutty Dassi v. Purno Chunder Singh I.L.R., 9 Cal., 586, Byathamma v. Avulla (see ante, p. 19).
2. The Judge was therefore wrong in excluding the evidence from consideration. It is for him to consider the binding effect of the admission and also the question raised in the second ground of appeal.
3. We must reverse the decree and remand the appeal to the lower Appellate Court for disposal. Costs will follow the result.
