HUSSAINI MAHTO Vs. HULASH MAHTO

JUDGEMENT

(1.) In this application the appellants have prayed for admitting the certified copy of sale-deed dated 10/4/1935 by way of additional evidence, dispensing with its formal proof. By order dated 13/5/2004 this Court had allowed the appellants' prayer for admitting the said sale-deed as additional evidence subject to proving the same in accordance with law. According to the appellants, the respondents had filed S.L.P. before the Supreme Court against the said order, which has been dismissed No. counter affidavit has been filed in opposition of the said petition.

(2.) Mr. G.M. Chandra, learned Counsel appearing on behalf of the appellants, sub mitted that after registration of the sale deed, the Registering Authorities keeps its record in discharge of their official duty. According to Mr. Chandra, therefore, the same assumes character of a public document under the provisions of Section 74(2) of the Indian Evidence Act. According to Mr. Chandra, certified copies of public documents are issued by the public officers and under Section 77 of the Evidence Act such certified copies may be produced in proof of the contents of the public documents or parts of the public documents of which they purport to be copies and no formal proof is required for admitting a certified copy of the document. Production of the certified copy of the registered deed is one of the prescribed modes for proving such documents, in view of the provision of Section 77 of the Evidence Act.

(3.) Mr. Jitendra Kumar, learned Counsel appearing on behalf of the respondents, on the other hand submitted that the sale-deed is the private document and the same cannot be proved by production of certified copy. According to him the procedure for proving such document is prescribed in the Evidence Act and unless the said prescribed formalities are observed, the document cannot be proved in evidence. Sale deed can be only proved by calling for the record before the Court below its original or the record of the Registry Office.