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2012 Supreme(SC) 465

B.S.CHAUHAN, DIPAK MISRA
UNION OF INDIA – Appellant
Versus
IBRAHIM UDDIN – Respondent


Judgement Key Points

Legal Question Resolved in the Judgment:

Under what conditions can an appellate court draw an adverse inference under Section 114(g) of the Indian Evidence Act against a party for non-production of documents? (!) [1000514690015][1000514690016] (!)


JUDGMENT

Dr. B. S. Chauhan, J.-This appeal has been preferred against the impugned judgment and decree dated 19.4.2007 passed by the High Court of Judicature at Allahabad in Second Appeal No.289 of 2000 by which it has upheld the judgment and decree of the first appellate Court dated 15.10.1999 passed in Civil Appeal No.81 of 1998 by which the first appellate Court had reversed the judgment and decree of the Civil Court dated 20.1.1998 passed in Original Suit No.442 of 1995 wherein the plaintiff/respondent no.1 had sought declaration of title of the ownership in respect of the suit property.

2. Facts and circumstances giving rise to this appeal are:

(A) Plaintiff/respondent no.1-Ibrahim Uddin filed Original Suit No.442 of 1995 in the Court of Civil Judge, Agra on 25.7.1995 seeking a decree for declaration that he was the owner of the suit property (Agriculture land measuring 25 bighas), making averments that the suit land originally had been with the Maratha Government (Scindia-Gwalior). The ancestors of the plaintiff having close association with the Maratha Government, were made a grant in respect of the suit land in the year 1800. Subsequently, the land was partitioned between













































































































































































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