JUDGMENT

Anil Kshetarpal, J. - The Regular Second Appeal in the States of Punjab, Haryana and Union Territory, Chandigarh are governed by Section 41 of the Punjab Courts Act, 1918 and not by Section 100 of the Code of Civil Procedure, 1908, as held by a five Judge Bench of the Supreme Court in Pankajakshi (Dead) through LRs vs. Chandrika and others, (2016) 6 SCC 157.

2. By this judgment two connected Regular Second Appeals i.e RSA-2577 of 2015 and RSA-6118 of 2017 shall stand disposed of.

3. Both the appeals have been filed separately by defendant No. 9-10 and 11-12 in a suit filed for grant of decree of declaration, with a consequential relief of permanent injunction and in the alternative for grant of a decree for possession. The learned counsel representing the parties are ad idem that both these appeals can be conveniently disposed of by a common order.

4. In the opinion of this Court, the following question arises for adjudication:-

'Whether a certified copy of Roznamcha Waqiati (diary) maintained by the village Patwari in discharge of his official duties, being a public document, is admissible in admission, in accordance with Section 74 read with Section 77 of the Indian Evidence