IMPORTANT POINT
The central legal point established in the judgment is the necessity and convenience of Section 90 of the Evidence Act, the exercise of judicial discretion in accepting the presumption of genuineness for ancient documents, and the duty of the first appellate court to record findings supported by reasons.

The instant appeal under Section 100 of the Code of Civil Procedure, 1908 (for short “the Code”) is directed against the judgment and decree dated 07.05.2007 passed by the Court of the learned Civil Judge, Nalbari in Title Appeal No.08/2006 whereby the judgment and decree dated 16.01.2006 passed by the learned Civil Judge (Junior Division) No.2, Nalbari in Title Suit No.05/1995 was affirmed.

2. This Court vide an order dated 23.11.2007 admitted the instant appeal by formulating the following substantial question of law:

“Whether the sale deeds exhibited by the appellants/defendants as exhibit B, C, D and E after producing those from proper custody as the documents being more than 30 years old, whether further corroboration is necessary to legally prove those documents as per Section 90 of the Evidence Act as has been observed by the courts below?”

3. This Court for the purpose of deciding as to whether the said substantial question of law which has been formulated is involved in the instant appeal, finds it relevant to briefly take note of the facts leading to the filing of the instant appeal.

4. From the materials on record, it reveals that the Respondent herein as plaintiff had instituted a suit seeking declaration of right, title and interest; for confirmation of possession upon partition of the suit land and for other reliefs. The briefs facts leading to the filing of the suit was that one Daya Nath Sarma (since deceased) was the original owner of various plots of land which have been specifically described in Schedule-Ka and Schedule-Kha. It is the case of the plaintiff that Late Daya Nath Sarma had three sons i.e. Late Santiram Sarma, Late Tara Nath Sarma and Late Lakhi Kanta Sarma. The plaintiff’s father was Late Lakhi Kanta Sarma.

5. During the lifetime of Late Lakhi Kanta Sarma and his two brothers, there was no dispute as regards the rights and possession of the schedule lands however, pursuant to the death of Late Lakhi Kanta Sarma, the plaintiff remained in possession of the Schedule-Ga land which is a part of the Schedule-Ka land. Accordingly, the plaintiff filed the said suit seeking the declaration of his title in respect of half of Schedule-Kha land i.e. an area measuring 1 Bighas 1 Katha 16½ Lechas out of 2 bighas 3 Kathas 13 Lechas and further 1/3rd share of the land in Schedule-Ka i.e. 14 Bighas 1 Kathas 8 2/3rd Lecha and other reliefs. The said suit was registered and numbered as Title Suit No.5/1995.

6. Although there were various defendants, but the Defendant Nos. 1, 2, 3 and 4 as well as the Defendant Nos.10, 11 and 12 jointly submitted a written statement. In the said written statement it was stated amongst others that a plot of land measuring 4 Bighas 1 Kathas 1 Lechas was sold to Late Tara Nath Sarma and Late Santiram Sarma by the father of the plaintiff Late Lakhi Kanta Sarma by executing various Deeds of Sale. In addition to that, it was also mentioned that the father of the plaintiff as well as the plaintiff had sold other plots of land and as such out of the land which have been claimed by the plaintiff in the suit, 11 Bighas 1 Kathas 18 Lechas of land was sold by the plaintiff as well as his father. The remaining entitlement of the plaintiff therefore was only 3 Bighas 4 Kathas 19 Lechas which the plaintiff was duly possessing.

7. On the basis of the said pleadings, the learned Trial Court framed as many as 6 issues. Issue No.5 is relevant inasmuch as the said issue relates as to whether the plaintiff had right, title and interest over the suit land.

8. The plaintiff adduced the evidence of two witnesses in support of his claim and exhibited some documentary evidence. The defendant side also examined two witnesses in their favour and exhibited some documents. Amongst the various documents which were exhibited by the DW-4, Exhibit-A pertained to Bighag Nama, Exhibit-B pertained to Sale Deed dated 30.08.1941, Exhibit-C pertained to Sale Deed dated 04.04.1935, Exhibit-D pertained to Sale Deed dated 07.11.