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IN THE HIGH COURT OF GAUHATI, ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
MRIDUL KUMAR KALITA
Rama Devi Himatsingka W/o Late Santosh Kumar Himatsingka – Appellant
Versus
Pawan Kumar Himatsingka S/o Late Gauri Shankar Himatsingka – Respondent
JUDGMENT :
MRIDUL KUMAR KALITA, J.
1. Heard Mr. G.N. Sahewalla, the learned senior counsel assisted by Mr. H.K. Sarma, learned counsel for the petitioners. Also heard Mr. S.K. Singh, the learned senior counsel appearing through Video Conferencing assisted by Mr. P. Sundi, learned counsel for the respondent.
2. This application under Article 227 of the Constitution of India has been filed by the petitioners, namely, Rama Devi Himatsingka and Rajesh Himatsingka impugning the order dated 11.09.2024 passed in Title Suit No. 72/2014 by the Court of learned Civil Judge (Junior Division), No. 2, Sonitpur, Tezpur, whereby the application filed by the present petitioners under Section 63 of the Indian EVIDENCE ACT , 1872 was rejected and the respondent was allowed to exhibit the sale deed No. 1173/1961 dated 28.08.1961 as Exhibit-2.
3. The facts relevant for consideration of the instant Civil Revision Petition, in brief, are that the present respondent No.1 as plaintiff had instituted a title suit being Title Suit No. 72/2014 for declaration of right, title and interest over the suit premises and also for relief that the mutation of defendant No. 2 and that of his father in respect of the sui
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 ....
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.
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 ....
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....
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....
The admissibility of secondary evidence under the Indian Evidence Act requires a factual foundation for the non-production of primary evidence, which the plaintiff failed to establish.
The admissibility of certified copies of documents from public records can substantiate claims of ownership, overriding challenges based on the absence of original documents.
A registered sale deed, while presumptive, does not confer title over property without substantiated evidence of prior ownership and possession.
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