SORMAN FAKIR Vs. MOLLA ABDUL AZIZ

JUDGEMENT

(1.) This appeal arises out of a suit brought by the plaintiffs for recovery of possession of certain lands on declaration of title.

(2.) It appears that at one time these lands were held by the predecessor of the defendants under the predecessor of the plaintiffs as an under raiyati holding. The decision of the suit turns on the question whether that under-raiyati had been surrendered and abandoned. The tenancy of the defendants predecessor, one Musabdi Fakir, was evidenced by a registered kabuliyat executed on the 10th Assar 1293. The case of the plaintiffs was that the holding was relinquished in Chait 1297 and in proof of that allegation they adduced in evidence inter alia the deed of relinquishment Exhibit 3. This document is unregistered. The defendants denied the alleged relinquishment of their predecessor in-title and in. support of their case produced inter alia a certain number of dakhilas. Of these dakhilas only two marked Exhibits E and E1 were admitted in evidence by the Court of first instance.

(3.) The contentions before us in support of this appeal are that Exhibit 3 not being a registered document is inadmissible in evidence, and secondly, that the Court of first appeal should have directed the admission in evidence of all the dakhilas produced by the defendants and should have taken or directed the taking of evidence to prove their authenticity.