IBRAHIM Vs. RAMNARAIN

JUDGEMENT

(1.) This was a suit for the recovery of Rs. 300 on the basis of a registered deed of mortgage. The plaintiff sued as the assignee of the original mortgagee. The defendants were the descendants of the mortgagor. It appears that the plaintiff produced evidence that the writer of the deed and all the marginal witnesses were dead; that the deed was in the handwriting of the person who purported to have written it out, and that the signatures of the witnesses were in their handwriting. On a consideration of all the evidence, the Munsif decided that it was safe to make the presumption permitted by Section 90 of the Evidence Act, the deed being one 35 years old. He found that the document was genuine, and he held that it was for the defendants to rebut ?he admission made by the executant of the deed at the time of registration that he had received the consideration.

(2.) Both the Courts below have held that the deed was supported by consideration.

(3.) In second appeal, two points are taken.