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1927 Supreme(Mad) 507

A AYYAR
Kandaswami Mudaliar – Appellant
Versus
Ponnuswami Mudaliar – Respondent


JUDGMENT

Ananthakrishna Ayyar, J.

1. The plaintiffs sued to redeem a mortgage. It was alleged that the deceased elder brother of the plaintiff usufructually mortgaged the suit land to the defendant for Rs. 50 on 29th July 1903 under Ex. 1. The defendant while admitting the mortgage pleaded that he became the absolute owner of the property by purchase on 29th October 1906, from plaintiffs 2 and 3 and that his possession subsequent to 1906 was as an absolute owner; and though the sale-deed Ex. 2 of 1906 was unregistered, his possession since 1906 was as absolute owner and that he had acquired absolute title by adverse possession for more than 12 years. The plaintiffs impugned Ex. 2 as a forged document, and the. District Munsif found that Ex. 2 was not genuine and accordingly decreed redemption. On appeal by the defendant the learned District Judge came to the conclusion on the evidence that Ex. 2 was genuine, that it was executed by plaintiff 2 and attested by plaintiff 3. Holding that Ex. 2 was genuine he reversed the District Munsifs decision and dismissed the suit observing as follows:

I cannot bring myself to believe that Ex.2 was a forgery. I am satisfied the land was on that date

























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