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Showing contexts for: Promissory note forgery in Kullappa Reddiar And Ors. vs Al. Vr. St. Veerappa Chettiar And Ors. on 5 May, 1937Matching Fragments
3. The judgments of the Courts below are open to the just criticism that the decisions therein are really founded on mere suspicion and speculation, and not on legal testimony, for, there can be no doubt that the legal testimony is utterly insufficient in law to support the inference that the alienees acted without good faith or that here was no valuable consideration for the alienations. The deeds of alienations themselves have been exhibited and the vouchers in support thereof also have been exhibited. In one of the cases the vouchers so exhibited were 17 in number namely Exs. 1-a to 1-r, the dates of which range from 1908 to 1924. There is no finding to the effect that all these promissory notes are forgeries or that any one of them is a forgery. Prima facie, the promissory notes which have been exhibited in evidence prove that the debts were real and the burden lies, apart from the general burden in cases coming Under Section 53, Insolvency Act, on the person who alleges that the promissory notes are forgeries. That burden has not been discharged and indeed there is nothing but mere suspicion, and that too not of a strong character, to show that the promissory notes are not genuine. The mere relationship of the attestors and the alienees in the alienation deeds and the fact) that most of the alienees belong to the same village as the insolvent are not sufficient to show either that the alienees acted in bad faith or that the alienations were without consideration. In fact, once it is found that the promissory notes are genuine, there can really be no escape from the conclusion that the alienees must have also acted in good faith, For in. stance, the trial Court in dealing with the alienation Ex. 1 merely observes that on account of certain suspicious circumstances and the absence of an explanation of the suspicious circumstance by the production of account books it is proved that the consideration for Ex. 1 is not real.