BALAJI SINGH Vs. CHAKKA GANGAMMA

JUDGEMENT

(1.) The only point in this second appeal is whether the execution of the mortgage deed sued on, Ex. A, has been proved. The District Munsif held that it was validly executed and decreed the plaintiff's suit. The Subordinate Judge reversed the decree of the District Munsif and dismissed the plaintiff's suit on the ground that its execution was not properly proved. The plaintiff has preferred this second appeal.

(2.) The evidence of the two attesting witnesses is to the effect that they did not actually see the executant signing the document. P.W. 2 says: I did not see the and defendant sign Ex. A or the 1 defendant put her mark in it. It was written somewhere.

(3.) P.W. 3 says: I was not present when Ex. A was written. The parties to it came to me and the defendants asked me to attest it saying they executed it.