Certified copies of registered sale deeds obtained from official registration entries are public documents under Section 74(2) of the Evidence Act. Their admission as secondary evidence through Section 65(e) does not necessitate prior proof of the original document's loss, destruction, or unavailability.

JUDGMENT :

ROBIN PHUKAN, J.

Heard Mr. A. C. Sarma, learned Senior Counsel, assisted by Mr. G. Bharadwaj, learned counsel for the appellant and Mr. D. Mozumdar, learned Senior Counsel assisted by Mr. B. J. Mukherjee, learned counsel for the respondents.

2. This Regular Second Appeal, under Section 100 of the Code of Civil Procedure, is directed against the Judgment and Decree, dated 19.04.2011, passed by the learned Civil Judge, Bongaigaon, in Title Appeal No. 01/2010.

3. It is to be noted here that vide impugned Judgment and Decree, dated 19.04.2011, the learned Civil Judge, Bongaigaon, (hereinafter, ‘First Appellate Court’); has dismissed the appeal and thereby, affirmed the Judgment and Decree, dated 10.07.2009, passed by the learned Munsiff, Bongaigaon (hereinafter, ‘Trial Court’); in Title Suit No. 27/2006.

4. It is also to be noted here that vide Judgment and Decree, dated 10.07.2009, the learned Trial Court, in T.S. No. 27/2006, has declared right, title and interest over the suit schedule land in favour of the plaintiff and ordered for eviction of the defendant and granted permanent injunction, restraining the defendant, their men and agents from entering the suit land, after restoration of possession of the suit land.

5. For the sake of convenience and to avoid confusion, the status of the parties, as indicated in the Title Suit No. 27/2006, before the learned Trial Court, is adopted here in this appeal.

Background facts :-

6. The background facts, leading to filing of the present appeal, are briefly stated as under -

“The plaintiffs’ case is that Late Biswajit Singha, husband of the plaintiff No. 1 and father of the plaintiff Nos. 2 & 3, had purchased a plot of land measuring 2 Kathas 7 Lechas, covered by Dag No. 121/321 (old), 71 (new) and Patta No. 35 (old) 222 (New), situated at Village-Bhakarapara Part-I, under Bongaigaon Revenue Circle, from one Sri Radhyashyam Agarwala, through a Registered Sale Deed No. 614, dated 17.08.1994. After the transaction, Late Biswajit Singha, took delivery of possession of the suit land and got his name mutated in the record of rights. On 02.11.1998, Biswajit Singha was killed by the extremists. After his death, the plaintiff No. 1, being the legal heir of Late Biswajit Singha, got her name mutated in the record of rights and at the relevant point of time, there was a thatched house constructed over the said plot of land.

Thereafter, on 07.06.2002, the defendant had approached the plaintiff No. 1 to allow him to live with his family in the thatched house over the suit land, temporarily. Since the defendant was well known to the plaintiffs since long, the plaintiff No. 1 permitted the defendant to live in the said thatched house as a caretaker and accordingly, she entered into an agreement with the defendant on 07.06.2002, allowing him to stay in the said house for three years along with his family, as caretaker.

Thereafter, upon expiry of the period of agreement, the plaintiff No. 1 had visited the suit land with labourers in order to clean the field, so that she can start construction of boundary wall, approved by the Bongaigaon Development Authority. But, the defendant prevented the plaintiff No. 1 from doing so, with the help of some muscle men and as such, the plaintiff lodged an ejahar at Bongaigaon Police Station, on 07.06.2005.

Thereafter, the plaintiff No. 1 sent a legal notice to the defendant on 22.07.2005, asking him to vacate the house and the suit land. But, said notice was returned by the postman on 23.07.2005, 25.07.2005, 28.07.2005 and on 01.08.2005,