KANJANUR SRI AGNESWARASWAMI DEVASTHANAM BY ITS SUPERINTENDENT, CHITHIAH MUDALIAR Vs. THILLAI GOVINDA PANDITHAN

JUDGEMENT

(1.) THE appellant, basing his right to possession of the suit property on a lease executed in 1935, filed the suit out of which this civil miscellaneous appeal arises. The District Munsiff decreed the suit. In appeal, the learned Subordinate Judge came to somewhat different conclusions on questions of fact; and admitted in evidence certain documents tendered by the defendant. He then said:

(2.) THE order admitting the documents was this:

(3.) THIS appeal is therefore allowed, and A.S. No. 101 of 1946 remanded to the Sub -Court, Kumbakonam, for re -consideration of the petition for admission of the additional evidence in the light of the provisions of Order 41, Rule 27. If the documents are not admitted, then clearly, there will be no ground for remand. Even if they are, the learned Judge will have to consider whether it is necessary to set aside the decree and remand the suit. The costs of this appeal will abide the result.