Anohamy Et Al. V. Pedris et . Al.

Present: Pereira J. and Ennis J.

ANOHAMY et al. v. PEDRIS et al.

353-D. C. Tangalla, 1, 251,

Proof of deed, signed by a cross-" Signature "-" Mark "-Evidence Ordinance, ss. 68 and 69.

In order to prove a deed signed by means of a cross or mark, if no attesting witness can be found, it must be proved that the attestation of one attesting Witness at least is in his handwriting, and that the mark of the person executing the document was made by him on the document.

The word " signature " in section 69 of the Evidence Ordinance must be taken to include a " mark. "

THE facts appear sufficiently from the judgment.

Bartholomeusz, for the plaintiffs, appellants. -The word " signature " in section 69 does not include a mark. Handwriting means the forming of letters with the Land, and does not mean a cross or a mark. It is impossible to prove a mark if the attesting witnesses are dead. This is a casus omissus, and the Court should be satisfied with reasonable proof of the deed. The Interpretation Ordinance does not affect the interpretation of this section. Counsel cited Amir Ali on Evidence-Commentary to section 69; 1 Tamb. 28.

Bawa, K.

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