SANGHAMITRA LODH Vs. MOHAMMAD MAUBAL KHAN

JUDGEMENT

(1.) IN connection with this appeal, the appellants/defendants have taken out an application for adducing additional evidence in this appeal. In the said application, the appellants have annexed the Inspection Book of the Calcutta Municipal Corporation to show as to who were the recorded tenants of the suit premises under the defendants' father during the relevant time. Mr. Ghosh, Learned Senior Counsel, appearing for the plaintiff submits that the certified copy of the document described as Inspection Book maintained by the Calcutta Municipal Corporation, is not admissible in evidence under Section 35 of the Evidence Act.

(2.) HE further contended that the entries made in the Inspection Book are mainly done on the basis of hearsay evidence and as such it is not admissible. He further submits that the Inspection Book maintained by the Municipal Authority is not a public document under Section 74 of the Indian Evidence Act and as such the certified copy thereof cannot be admitted in the evidence. In support of such submission he has relied upon a decision of this Hon'ble Court in the case of Jitendra Nath Joardar -Vs - Makhan Lal Choudhury, 1956 61 CalWN 175. We find substance in such contention of Mr. Ghosh. Accordingly, we refuse to admit those documents as additional evidence in this appeal.

(3.) THIS first appeal is directed against the judgment and decree passed by the Learned Trial Judge, 6th Bench, City Civil Court, Calcutta on 8th March, 2006 in Title Suit No.1824 of 1989, at the instance of the defendants/appellants.