Saturday, 2 December 2017

Whether recital as to boundaries in sale deed of adjacent land is admissible in evidence?

 Section 11(2) of the India Evidence Act, however, says that a fact or facts which may not be relevant, may make the existence or non-existence of a fact or facts highly probable or improbable.

270. Thus it is concluded that three sale deeds Paper No. 160-Ga, 161-Ga and 162-Ga though are not admissible in evidence as the document of proof of ownership but recital of boundaries therein are of some substance and relevance for the limited purpose of making probable the existence of "Roll Wali Dharmshala" in Mohalla Govind deo Ji, when read all other evidences on record.

271. This fact i.e. the recital of boundaries therein, therefore, becomes relevant under Section 11 read with Section 13 of the Indian Evidence Act.


First Appeal Nos. 55 of 2008, 448 and 472 of 2007

Decided On: 06.03.2017

Radha Sharan Dubey and Ors. Vs. Ram Niwas and Ors.

Hon'ble Judges/Coram:
Sunita Agarwal, J.
Citation: AIR 2017(NOC) 828 ALL
Read full judgment here: Click here

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