KOYYALAMUDI CHINNAYYA Vs. KOYYALAMUDI MANGAMMA

JUDGEMENT

(1.) This is a second appeal from the decree of the Court of the Additional Subordinate Judge of Ellore in A.S. No. 181 of 1921 preferred against the decree in C.S. No. 262 of 1920 on the file of the Additional District Munsif of Ellore.

(2.) The lower appellate Court decreed the suit and Defendants Nos. 1 and 2 appeal.

(3.) The plaintiffs sue for recovery of possession of certain properties and for mesne profits alleging that the properties fell to the share of the 1 plaintiff's husband in a partition held in 1911, and the question whether there was such a partition (Issue No. 1) has been decided in the affirmative by the lower appellate Court. It is a question of fact which ordinarily cannot be raised in second appeal but the appellants contend that the lower appellate Court wrongfully admitted as evidence the documents Exs. P, P (1) and P (2) and was influenced by these documents without giving the appellants an opportunity of showing that they were forged. The District Munsif in his 4 paragraph rejected these documents with the following remarks: It is said that subsequent to his death partition lists were drawn up setting forth the properties which had been allotted to each of the brothers. These partition lists were sought, to be exhibited in the case, but as they purported to be deeds of partition and not mere partition lists, and as they were unstamped and unregistered, they were not allowed to be filed in the case.