Chelliah Et Al V. Saiva PariPalam

1946 Present: Keuneman S. P. J. and Jayetileke J.

CHELLIAH et al., appellants, and SAIVA PARIPALAM, Respondent.

249 ? D. C. Jaffna, 16,614.

Evidence ? Certified copy of a private document kept at a Kachcheri ? Hearsay.

The question at issue was whether certain lands were subject to a charitable trust in favour of a certain madam. The main evidence on which the trial Judge relied was a document described as a certified copy of a ?register ?kept at the Jaffna Kanchcheri wherein the lands however, established that the ?register ?was made under any statutory duty on the part of the Government Agent; it appeared to be a purely private document based on reports ? submitted by the Udayar and Vidhanes of the village in question to the Maniagar.?

Held, that the document should have been rejected as hearsay evidence.

APPEAL from a judgment of the District Judge of Jaffna.

G. Crosette Thambyah (with him V. K. Kandasamy and C. Sanmuganayagam), for the first and second defendants, appellants.

N. Nadarajah, K. C. (with him C. Renganathan), for the plaintiff, respondent.

Cur. adv. vult.

September 25, 1946. KEUNEMAN S. P. J.-

The plai

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