CHANDA PILLAI Vs. KRISHNA IYER

JUDGEMENT

(1.) I had occasion to consider in Avirah Abraham v. Chacko Mathai (S. A. No. 1111 of 1960) an appellate judgment of the Subordinate Judge, another of whose appellate judgment is now before me in this second appeal. In the earlier judgment the Subordinate Judge said:

(2.) In the present judgment of the same Subordinate Judge he has said:

(3.) In the earlier case, to avoid a remand, I had to consider the oral evidence and I am constrained to adopt the same course in this case as well to obviate a remand of an old case, which is already fifteen years old.