RAMA NAIK Vs. NAGAMUTHU NACHIAR

JUDGEMENT

(1.) The lower Appellate Court should not have gone into the question of the genuineness (that is, the execution by the ostensible excellent) of the sale-deed C, when the grounds of appeal to the lower Appellate Court did not raise any such contention and when the document was allowed without objection in the District Munsif s Court to be exhibited and argued upon as a genuine document.

(2.) Some of the other questions, namely, whether the document was nominal or fictitious, whether its registration was legally effected (that is, whether a fictitious land was included in it for purposes of registering it in a particular Registration Office, and whether that fact legally invalidates the registration), and the contention as to title, etc., mentioned in the District Munsif s judgment have not been considered at all by the lower Appellate Court and the rest have not been decided by it.

(3.) We request the lower Appellate Court to submit its findings on these questions.