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T.A. Subramaniya Chettiar vs Baby Ammal And Ors. on 17 July, 1990

Exs.B-3 and B-4 do not prove the ownership of the defendants to any land as they refer only to Perumal Chettiar as the pattadar or the cultivator. Hence, the entire evidence let in by the defendants is absolutely worthless and no Court can consider it as sufficient to prove the claim of the defendants that they are debtors within the meaning of Section 3(d) of the Tamil Nadu Act 13 of 1980, The decision of the lower Court based on total absence of legal evidence amounts to exercise of jurisdiction illegally and with material irregularity. See Bhagavathi Mudaliar v. N. Subramaniam . The finding of the lower Court is manifestly perverse and erroneous. The. Supreme Court has held that in such cases the power under Section 115 C.P.C. can be exercised.
Madras High Court Cites 6 - Cited by 3 - Full Document
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