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2022 Supreme(Telangana) 723

K. LAKSHMAN
Katike Bheem Shankar – Appellant
Versus
T. Laxmi @ Punyavathi – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. R. Dheeraj Singh
For the Respondent: Mr. N. Ashok Kumar

Judgement Key Points

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

  1. The order in question pertains to a civil revision petition challenging a trial court order that refused to admit certain documents obtained under the RTI Act, 2005, as evidence, on the grounds that they are not certified copies of public documents (!) (!) .

  2. The documents in question include letters and registers related to the sale of non-judicial stamp papers, issued by public officers and maintained in official records (!) (!) (!) (!) (!) .

  3. The court's analysis clarifies that documents obtained under the RTI Act, such as certified copies and information in letter form, can constitute public documents under Section 74 of the Indian Evidence Act, 1872 (!) (!) (!) (!) .

  4. Certified copies issued by a Public Information Officer (PIO) under the RTI Act, are considered secondary evidence and are presumed genuine by the court, unless rebutted by evidence challenging their authenticity (!) (!) (!) (!) .

  5. The court emphasizes that such certified copies obtained under the RTI Act fall within the definition of public documents, provided they are issued by authorized officers and relate to official records maintained in discharge of public duties (!) (!) (!) (!) .

  6. The admissibility of these documents does not require the party to lay a foundation under Sections 65(a), (b), or (c) of the Evidence Act, as is necessary for private documents; for public documents, production of a certified copy suffices (!) (!) .

  7. The court notes that the presumption of genuineness under Section 79 of the Evidence Act is rebuttable, and parties may lead evidence to challenge the authenticity of such documents (!) .

  8. The court recognizes that information in the form of letters issued by public officers under the RTI Act, which are based on official records, also qualify as public documents under the law (!) (!) .

  9. The order concludes that the trial court's refusal to admit these documents was based on a misinterpretation of the law regarding their status as public documents and their admissibility as secondary evidence (!) .

  10. As a result, the civil revision petition is allowed, and the impugned order is set aside, permitting the documents to be received as evidence, subject to proof and relevancy (!) .

These points encapsulate the legal principles and findings from the document, emphasizing the admissibility and classification of documents obtained under the RTI Act as public documents under Indian Evidence Law.


ORDER :

The present Civil Revision Petition is filed challenging the order dated 26.04.2022 passed in I.A. No.230 of 2019 in O.S. No. 116 of 2017 by the learned II Additional District and Sessions Judge (FTC), Mahabubnagar (hereinafter referred to as ‘trial Court’), wherein the information obtained by the petitioner herein under the Right to Information Act, 2005 (hereinafter referred to as ‘RTI Act, 2005’) was not admitted as evidence on the ground that the documents obtained under the RTI Act, 2005 are not certified copies of public documents.

2. Heard Mr. R. Dheeraj Singh, learned counsel for the petitioner and Mr. N. Ashok Kumar, learned counsel for respondent Nos.1 and 2. It is mentioned in the cause title that respondent Nos.3 to 5 are not necessary parties to the present revision.

3. Facts of the case:

i) Respondent Nos. 1 and 2, the original plaintiffs, have filed

O.S. No. 116 of 2017 seeking specific performance of agreement of sale dated 09.02.2015 against the petitioner herein (Defendant No. 1 in the suit). According to respondent Nos.1 and 2, they are the legal heirs of one T. Kishan.

ii) Allegedly, the petitioner herein along with other respondents agreed to sell land admeas

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