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1999 Supreme(Gau) 9

J.N.SARMA
Manindra Kumar Dey and Another – Appellant
Versus
Mahendra Sukla Baidya and Ors. – Respondent


Advocates Appeared:
A.S.Choudhary, T.Islam, T.Goswami, M.H.R.Borbhuiyan, K.A.Majumdar, B.K.Goswami, H.R.A.Choudhary

Judgement Key Points

Certainly. Based on the provided legal document, here are the key points:

  1. A certified copy of a sale deed qualifies as a public document under section 74(2) of the Evidence Act, and the presumption of its correctness applies under section 79 (!) (!) .

  2. The admissibility of the certified copy in evidence was established because it was admitted without objection, and the proper procedure for its proof was followed (!) (!) .

  3. The distinction between admissibility and probative value is important; while a document may be admissible, its evidentiary weight depends on proper proof of execution and contents (!) .

  4. The proof of a document's contents requires admissible evidence, especially when the truth of the facts stated is in question. Mere proof of handwriting or signature is insufficient to establish the facts or contents (!) (!) .

  5. The validity of a sale deed can be challenged if not properly proved, but if the vendor does not contest its validity, the certified copy is generally accepted as valid evidence of the transaction (!) (!) .

  6. The law recognizes that registration of a sale deed creates a presumption of transfer, but this presumption does not replace the need for proof under section 67 of the Evidence Act, which requires proper evidence of execution unless the presumption applies (!) .

  7. The registration process includes endorsements and certificates that create a presumption of due execution, but this presumption cannot substitute for the actual proof of execution when witnesses are available (!) (!) .

  8. The legal framework differentiates between original documents and registered copies, with original documents generally holding more evidentiary weight unless properly proved or admitted (!) (!) .

  9. The admissibility of a document depends on whether the proper procedure was followed at the time of its introduction into evidence. Objections to admissibility must be raised promptly; otherwise, the document is considered properly admitted (!) (!) .

  10. The evidentiary value of a certified copy is presumed under the law, but its strength as proof depends on compliance with statutory requirements and proper proof of execution and contents (!) (!) .

  11. The law emphasizes the importance of proper proof for the execution of documents, including the need for witnesses or other acceptable methods to establish authenticity and contents (!) (!) .

  12. The presumption of execution under the Registration Act does not eliminate the requirement for proof as per the Evidence Act, especially when witnesses are available to testify (!) .

  13. In cases where the original document is not produced or properly proved, a mere certified copy may not be sufficient to establish the facts definitively (!) .

  14. The legal principles outlined affirm that the proper procedure for proving documents, including sale deeds, involves timely objections, proper authentication, and adherence to statutory requirements to ensure the document's evidentiary value (!) (!) (!) .

Please let me know if you need further analysis or specific advice related to this document.


This is an appeal by the plaintiffs.

2. The brief facts are as follows: The suit land is covered by three Dags and they are- Dag No.l- area 2B 10 K, Dag No.2 - area IB 5K and Dag No.3 - area 2B OK. The plaintiff No. 1 is the father of plaintiff No. 2. The Dag Nos 1 and 2 are claimed by the plaintiff No. 1 and Dag No.3 is claimed by plaintiff No. 2. The suit land originally belonged to Mahendra Suklabaklya, the defendant No. 1. The defendant No. 1 sold the entire land of Dag Nos 2 and 3 40 Rashmani Suklabaidy a by sale deed dated 17.7.1970 i.e. Ext 3. Rashmani sold Dag Nos 1 and 2 to Jatindra Dey, proforma defendant No. 2 on 7.6.1972 i.e. Ext 2. Jatindra sold the land of Dag Nos 1 and 2 to plaintiff No.l Manindra on 9.2.1978 ie Ext 1. Dag No. 3 was not sold by Rashmani. But after his death, the son Bibaran Suklabaidy a, the proforma defendant No.3 sold the land of Dag No.3 to Kami, plaintiff No.2 when he was minor on 25.10.1983, i.e. Ext 4. So the plaintiff No. l became owner of Dag Nos 1 and 2 and plaintiff No.2 became owner of Dag No.3 and as such, the plaintiffs became the owner of all the 3 Dags.

3. The defendant No. 1 Mahendra Suklabaidya instituted a proceeding under section 145






















































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