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1977 Supreme(Guj) 88

A.M.AHMADI
PATEL MANILAL CHHAGANLAL – Appellant
Versus
MUNICIPAL CORPORATION,surat – Respondent


Advocates Appeared: A.H.YAGNIK, I.C.BHATT, S.V.RAJU

A. M. AHMADI, J.

( 1 ) * * * *

( 2 ) THE respondents relied on certified copies of four title deeds in respect of the suit property bearing house no. 74. Three of these four documents were produced with the list ex. 83. The first is a certified copy of a mortgage deed executed on 1st April 1902 by Laxmidas-predecessor-in-title of the plaintiff and Hiralal who was the owner of the adjacent house no. 75 at the relevant point of time. The second is the rent note executed by Chhaganlal Laxmidas and Hiralal in favour of the mortgagee on 2nd August 1905 The third document is a certified copy of a mortgage deed executed by Chhaganlal Laxmidas the father of the plaintiff and one Hirabhai Narottam on 2nd April 1907 The fourth is the sale deed executed by Makanbhai in favour of his wife Diwaliben on 23 June 1932 produced with list ex. 39. The original documents are not forthcoming on the plea that they are lost. The defendants therefore sought to introduce certified copies of these four registered documents in evidence but the plaintiff successfully thwarted their attempt in the trial Court. The trial Court came to the conclusion that sec. 90 of the Evidence Act cannot be pressed in service fo







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