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1894 Supreme(Mad) 30

Vunde Rajaha Raja The Honourable – Appellant
Versus
Duvvur Narayana Reddi – Respondent


JUDGMENT

1. In the course of the argument it was agreed that the only document as to which any question of registration arises is Exhibit VI, the kabuliat signed by the plaintiff and given to the defendant.

2. The question is whether that document although not registered can be admitted in evidence in support of the plaintiffs claim. If the plaintiffs action was founded on an alleged title in virtue of a lease granted by the defendant and his case were that as lessee he had been unlawfully ejected from the demised land, there can be no doubt that the document (VI) could not be admitted in evidence. The plaintiff would then be seeking to use it as evidence of a transaction affecting immovable property. But it is clear that that is not the case made in the plaint. The plaint sets out the agreement for a lease of the village which was to run from Fasli 1299 and last for five years. It is stated that certain things were done in pursuance of the agreement, among other things, that the plaintiff was put in possession. Then it is charged that the defendant did not register the kabuliat and improperly deprived the plaintiff of possession. The cause of action alleged is the failure on the par



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