TMI Blog2022 (4) TMI 1030X X X X Extracts X X X X X X X X Extracts X X X X ..... own of law, the statutory presumption under Section 118 of the Negotiable Instruments Act, cannot be applied. Though the learned counsel for the appellant raised a question of law with regard to the appreciation of evidence of PW.1 and PW.2, this Court is unable to find any irregularity or perversity in the findings of the Courts below on the appreciation of oral and documentary evidence adduced by both sides. In the absence of any perversity or illegality in the decisions rendered by the Courts below, this Court is unable to interfere with the findings of facts reached by the Courts below. Appeal dismissed. - SA. No. 281/2022 - - - Dated:- 5-4-2022 - THE HONOURABLE MR.JUSTICE S.S.SUNDAR For the Appellants : Mr.S.Ravichandran S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... defendant for partition and separate possession of the joint family and ancestral properties. Since the suit pronote was described by the deceased 1st defendant as a forged document, the Trial Court has framed a specific issue whether the plaintiff has proved the suit pronote and whether the endorsement made by the original promisee assigning the right under the pronote in favour of the plaintiff is valid or not? (5) After considering the entire pleadings and evidence in detail, the Trial Court held that the plaintiff has miserably failed to prove the execution of the pronote executed by the deceased 1st defendant. The Trial Court also held that the plaintiff did not prove the passing of consideration under the suit pronote. Aggrieved by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... first question of law raised by the appellant is on the assumption that the plaintiff/appellant has let in evidence to prove due execution of the Pronote. When the Courts below have concurrently held that the Pronote is not proved in the manner known of law, the statutory presumption under Section 118 of the Negotiable Instruments Act, cannot be applied. Though the learned counsel for the appellant raised a question of law with regard to the appreciation of evidence of PW.1 and PW.2, this Court is unable to find any irregularity or perversity in the findings of the Courts below on the appreciation of oral and documentary evidence adduced by both sides. In the absence of any perversity or illegality in the decisions rendered by the Courts be ..... X X X X Extracts X X X X X X X X Extracts X X X X
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