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Rai Bhaiya Dirgaj Deo Bahadur Vs. Beni Mahto - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtMumbai
Decided On
Judge
Reported in(1918)20BOMLR712
AppellantRai Bhaiya Dirgaj Deo Bahadur
RespondentBeni Mahto
DispositionAppeal dismissed
Excerpt:
evidence-admissibility of a register of minluidari (revenue free) villages-indian evidence act (i of 1872), section 35.;a register of miuhaidari villages prepared by the revenue surveyor is admissible under section 35 of the indian evidenee act (i of 1872) to show the nature of a tenant's holding, but if it could be shown that any particular part was in excess of the offical duty by reason of which it came into existence, that part might not be admissible. - - now clearly this register is an official document, and therefore it is admissible in evidence under section 35 of the indian evidence act......as evidence of the contents, was or was not properly admitted. now clearly this register is an official document, and therefore it is admissible in evidence under section 35 of the indian evidence act. it may be possible that in the case of such a document, if it could be shown that any particular part was in excess of the official duty by reason of which it came into existence, that part might not be admissible, but no attempt has been made to show this in the present case. the document reason to reverse or to vary that decision.2. the appeal therefore should, in their lordships' opinion, be dismissed. the respondents not having has been admitted by both courts below as proper evidence in the case, and their lordships see no appeared, there is no question of costs. their lordships.....
Judgment:

Parker, J.

1. In this case the question is as to the nature of the respondents' holding. It is admitted that the document under which their predecessor in title originally held, and which created the holding, is lost, and the only question that their Lordships have to decide is whether another document consisting of a register, as evidence of the contents, was or was not properly admitted. Now clearly this register is an official document, and therefore it is admissible in evidence under Section 35 of the Indian Evidence Act. It may be possible that in the case of such a document, if it could be shown that any particular part was in excess of the official duty by reason of which it came into existence, that part might not be admissible, but no attempt has been made to show this in the present case. The document reason to reverse or to vary that decision.

2. The appeal therefore should, in their Lordships' opinion, be dismissed. The respondents not having has been admitted by both Courts below as proper evidence in the case, and their Lordships see no appeared, there is no question of costs. Their Lordships will humbly advise His Majesty accordingly.


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