Documentary Evidence – Indian Evidence Law

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Marwari Kumhar v. B. G. Ganeshpuri

The appellant represents the Marwari Kumhar Community of Devas. The community held religious functions in the temple and were using the Dharmshala situated in the suit property. The respondent asserted that they had title over the suit property. The appellant had lost all their property papers. Therefore relied on a certified copy of the decree in the suit which was filed earlier. The trial court accepted plaintiff case and decreed the suit on 20th of September 1968. The trial court relied upon the judgment in the earlier proceedings and held that the titled in property vested in the community. The sub-clause (c) of s.65, where if original is lost or destroyed, then secondary evidence is admissible. The Supreme Court states that the respondents did not contend that the copy which had been produced was not the correct copy. In the absence of any proof as to the date, time and the manner in which possession as a Pujari got converted into open, hostile and adverse the claim for adverse possession could not be upheld. The first appellate Court and the impugned judgment requires to be set aside. The decree of trial court is restored.

State of Bihar v. Radha Krishna Singh

There is a tendency on the part of interested person to establish an alleged claim to procure false genealogy to suit their ends, the Court relying on such genealogy must be aware of false old genealogy to support their false claims. Admissibility of a document in one thing and attached to it the probative value of the  document is quite another. Document may be admissible and yet may not carry any conviction and weight or its probative value may be nil. The probative value of the document however ancient they may be if do not disclose sources of their information have not achieved sufficient notoriety.

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