MOHAR ALI SARKAR Vs. MAFIZUDDIN SARKAR

JUDGEMENT

(1.) The main ground urged in these appeals is that certain documents were improperly admitted in evidence.

(2.) Two of the documents were copies of judgments in a previous suit for ejectment brought by the respondent against one Jait-un-nissa Bibi, in which he obtained a decree. It is contended by the learned Pleader for the appellant that they were not admissible in evidence as the appellant was no party to that suit, and that the reasons contained in the judgment could not be used against him.

(3.) But the learned Subordinate Judge on appeal has not considered the reasons for the judgment and has merely referred to the fast that there was a suit in which the title of the present defendant was set up by Jait-un-nissa Bibi and that the suit was decreed. For this purpose the judgments were admissible in evidence.