HAZARILAL Vs. SHYAM LAL

JUDGEMENT

(1.) In this appeal, the appellant has raised an important point of law with respect to the time of raising presumption under Section 90 of the Indian Evidence Act, 1872 (for short 'the Evidence Act').

(2.) The relevant facts for the purpose of deciding this point are that a document alleged to have been executed on Migsar-sudi 15 Samvat Year 1987 by one Lala Chamar in favour of plaintiff Shyamlal's father Kanakmal. This document Ex.A.1 is one of the basis in the judgment of the trial court for deciding issue No.4 in favour of defendant No.1 for holding that defendant No.1 proved the fact that the disputed plot was mortgaged by Lala Chamar in favour of Kanakmal and since then the plot in dispute is in possession of defendant No.1.

(3.) While deciding issue no.4, the trial court in the judgment, at the request made during course of final arguments, raised the presumption under Section 90 of the Evidence Act 1872 with respect to the document Ex.-A.1 and held that since the document is more than 30 years old, therefore, presumption is raised with respect to the thumb impression of Lala over Ex,A.1 and document was found duly executed by Lala.