RAI BHAIYA DIRGAJ DEO BAHADUR Vs. BENI MAHTO

JUDGEMENT

(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.