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AEMUGAM el al. v. SANMUGAM.


ARMUGAM et al. v. SANMUGAM

ARMUGAM et al. v. SANMUGAM.

D. C., Jaffna, 1,360.

Validity of a deed duly attested by a notary-Presumption in favour of it, if ex fa78cia regular-Evidence of witnesses that formalities were not observed.

Pcr Bonser, C.J.-It is a dangerous doctrine that a deed, on the face of it regular, executed before a notary, who is a public officer, and bearing his attestation that everything was done in. due form, should be set aside on the statement of one of the witnesses that the formalities Were not observed. It is only by very cogent evidence that the presumption of law, that all its requirements have been complied with, can be rebutted.

THE second plaintiff, wife of first plaintiff, alleging herself to be the owner of certain lands, complained that the defendants had wrongfully ousted her, pretending title thereto upon a deed No. 6,228 dated 8th January, 1891, which the second plaintiff alleged was never granted by her to the father of the first, second and fourth defendants. Plaintiffs prayed that the said deed may be declared a forgery, and cancelled and set aside as null and void; that record plaintiff max be declared the owner of the said

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