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1990 Supreme(Gau) 275

R.K.MANISANA SINGH, J.M.SRIVASTAVA
Narattam Das – Appellant
Versus
MD. Masadar Ali Barbhuiya – Respondent


Advocates Appeared:
S.K.Senapati, S.Dutta, B.L.Singh, K.K.Dey

In this appeal the only question which arises for consideration is whether a private deed of sale which has been registered is a public document within the meaning of section 74(2) of the Evidence Act in order to attract section 77 of the Evidence Act.

2. There is a decision of Single Bench of this Court reported asAIR 1979 Gauhati 14, Md. Saimuddin vs. Abeznddin, in which it has been held that a private sale deed registered under the Indian Registration Act is public record of a private document under section 74(2) and, therefore, the certified copy of it is admissible in evidence under section 77. As a Single Bench of this Court being unable to agree with the view taken in Saimuddin'sCase (supra), the appeal has been referred to a larger Bench. Hence, before us.

2. Section 74 reads :

"Public documents,-The following documents are public documents :

*** *** ***

public records kept in any state of private documents."

4. With regard to the 'public records', 'public records' are those records which a Government unit is required by law to keep or which is necessary to keep in discharge of duties imposed by law (See Black's Law Dictionary. A. "public record", is one required by law to be kep



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