C.V.SURESH, S/O.SRI.VELAYUDHAN Vs. TOBIN (MINOR), S/O.TITO AND LAILA

JUDGEMENT

(1.) If payment of price for sale is disputed, can such fact be proved by mere production and marking of a registered sale deed? Is it necessary to adduce oral evidence to prove such fact? Is there any bar under Sec. 91 or Sec. 92 of Indian Evidence Act, 1872 ('Evidence Act', for short) to adduce oral evidence to prove payment of price for sale or existence of sale of property?

(2.) Can a fact stated or narrated in a document be proved by mere production and marking of the document? Is it necessary to adduce oral evidence to prove such fact? What is meant by "contents of documents" for the purpose of Ss. 59, 61 and 62 of Evidence Act? Is there any difference between "contents of documents" and "facts" stated in the document? These are some of the substantial questions of law to be considered in this second appeal.

(3.) Facts briefly: The sole defendant is the appellant in this appeal. As per the averments in the plaint, he sold plaint schedule property in favour of first plaintiff (who is his sister's son and a minor) vide Ext.A1-registered sale deed. Thereafter, first plaintiff and second plaintiff (minor's father) are in possession of plaint schedule property, which is having an extent of 5 cents of property. The defendant, however, started interfering in plaintiffs' peaceful enjoyment of the property and hence, the suit was filed for permanent prohibitory injunction from trespass, obstruction to enjoyment of the property etc. (The suit is filed by PW1, who is the mother of first plaintiff).