PONNIAH ET AL. v. CHELLIAH ET AL.
1849 Present : Nagalingam J.
and Pulle J.
PONNIAH et al, Appellants, and CHELLIAH et al., Respondents
S. C. 45-D. C. Chavakachcheri, 2,760
Evidence Ordinance-Entries in
public documents-Admissibility and proof of -Sections 34 to 38, 84.
Action rei vindicatio-Description of land in dispute in deeds relating, to
adjoining properties-Probative value.
Entries of statements regarding title to land made in documents which were
prepared under sections 10 and 11 of the Defence (Paddy Cultivation)
Regulations, 1943, fall under section 35 of the Evidence Ordinance and are
admissible without further proof such as by calling the persons who wrote or
made the entries or statements.
Where a land, the title to which is in dispute, is alleged to belong to a
temple, the mere description of it in language suggesting that it belongs to the
temple in the deeds relating to the lands adjoining the disputed land cannot be
regarded as conclusive legal proof of the title of the temple to the land. While
a description of a parcel of land in the deeds relating to the adjoining
properties may furnish corroboration of title it does not constitute
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