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IN THE HIGH COURT OF JUDICATURE AT PATNA
ARUN KUMAR JHA
Abdul Rashid, S/o late Abdul Haque – Appellant
Versus
Iftakhar Hussain @ Dablu, S/o Md. Raja – Respondent
JUDGMENT :
ARUN KUMAR JHA, J.
The present petition is filed for setting aside the order dated 17.10.2019 passed by the learned Sub Judge-1st, Siwan in Title Suit No. 510 of 2016, whereby and whereunder the learned trial court marked the certified copy of sale deed as exhibit after taking the same on record.
2. Briefly stated, the facts of the case are that the petitioner is the plaintiff before the learned trial court and has filed Title Suit No. 510 of 2016 for declaration of his right and title over the suit land and also for declaration that the defendants have no right or title over the suit land on the basis of their sale deed. Further relief of confirmation of possession has also been sought for. Further, declaration has been sought that sale deed dated 26.07.2013 is illegal and void and has been executed without consideration. According to the plaintiff, Khata No. 336 of R.S. Khatiyan was prepared in the name of Sheikh Hafiz Fakir whose only son died during the lifetime of his father. On 04.07.1945, Sheikh Hafiz Fakir executed a Hiba in the name of his wife Bibi Takdiran and delivered her the possession of the gifted property. Two more deeds were also executed by Sheikh Hafiz F
A certified copy of a registered sale deed is deemed a public document under Section 74(2) of the Indian Evidence Act and admissible in evidence as secondary evidence of the public record, according ....
A certified copy of a registered sale deed is classified as a public document and admissible as secondary evidence without formal proof under relevant provisions of the Evidence Act.
Admissibility of documents in court proceedings hinges on clear admissions in pleadings, validating secondary evidence despite objections regarding public or private document status under the Indian ....
The court ruled that while a certified copy of a sale deed is admissible as secondary evidence, it does not suffice to prove the execution of the deed, which must demonstrate intention and legal vali....
Certified copies of registered deeds are admissible in evidence under the Indian Evidence Act and should be tentatively marked as exhibits without requiring the registering authority's presence for p....
A registered sale deed, while presumptive, does not confer title over property without substantiated evidence of prior ownership and possession.
The main legal point established in the judgment is the presumption of genuineness attached to a registered document and the burden of proof in challenging its validity.
Timely objections to the admissibility of documentary evidence in land acquisition cases must be raised at the time of marking; otherwise, they cannot be challenged later.
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