KHADER BATCHA SAHIB Vs. HIMERA BEGUM

JUDGEMENT

(1.) The order of the Court below is unsustainable. When a document was produced by the petitioner herein for being exhibited, the Court below has taken the view that the document is not valid under the Mohomedan law and therefore, refused to accept the document as an exhibit. The only question to be considered at that stage by the learned Judge was, whether the document satisfies the requirements of the Indian Stamp Act and the Registration Act and is admissible as such in evidence. The question of validity of the document should not have been considered by the learned Judge. Hence, the order of the learned Judge is set aside and I.A.No. 591 of 1992 is remitted back to the I Additional Sub Court, Madurai, for fresh disposal in accordance with law as stated above. The said Sub-Judge shall consider, whether the document is admissible in evidence under the provisions of the Indian Stamp Act and Registration Act and pass appropriate orders accordingly. If necessary, the question as to the validity of the document can be decided in the main suit, This Civil revision petition is allowed accordingly. No costs. Revision allowed.