N.M. ABOOBACKER Vs. SUNIL

JUDGEMENT

(1.) A primary rule of evidence, often elevated to the position of a cardinal rule and granted imprimatur as such by courts, is the Best Evidence Rule which mandates that when the terms of a contract or grant or other disposition of property is reduced to the form of a document, no evidence shall be given in proof of the terms of such contract, grant or other disposition except the document itself. We are, in this judgment, called upon to consider the contentions relating to a registered agreement and the principles of this Rule would find great significance.

(2.) In India, the Best Evidence Rule resides in the provisions of sections 91 and 92 of the Indian Evidence Act, 1872 and our examination of the facts of this case and the validity of the contentions raised in this appeal would lead us to a close scrutiny of the impact of these provisions with respect to the proof to be led in a case relating to the covenants and terms of a registered agreement.

(3.) The defendants in O.S. No.129 of 2011 on the files of the Court of the Subordinate Judge, Perumbavoor are the appellants in this appeal. The suit was instituted by the respondent herein Shri. Sunil on the allegation that he had entered into the registered agreement of sale with the appellants for purchase of a parcel of land having an area of 8.9 cents (3.61 ares) comprised in Survey nos. 40/4 and 40/3 of the Marambilly Village. The registered agreement has been placed on record as Ext.A1, which bears the date 21.03.2011 and shows that it has been registered at the Sub Registrar's Office, Perumbavoor.