LI Network
Published on: 24 September 2023 at 02:23 IST
The Supreme Court of India has reasserted the validity of certified copies of original sale deeds as admissible evidence in legal proceedings, resolving a contentious issue often encountered in property disputes.
The ruling, delivered by Justice B.R. Gavai and Justice C.T. Ravikumar, offers crucial insights into the interpretation of key sections of the Indian Evidence Act 1872 and the Registration Act, providing valuable guidance for future legal proceedings.
The case at the center of this ruling pertained to a dispute regarding the ownership of a piece of land with origins dating back to 1928. In a second appeal, the High Court had questioned the admissibility of a certified copy of a registered sale deed submitted by the plaintiff, siding with the defendant’s argument that only the original sale deed should be accepted as evidence. However, the Supreme Court offered a different perspective.
In its judgment, the Supreme Court referred to Section 65(e) of the Evidence Act, which stipulates that secondary evidence can be presented when the original document is considered a public document under Section 74.
The Court highlighted, “In accordance with Section 74(2) of the Evidence Act, public records made from private documents are categorized as ‘public documents.’ In this context, the original sale deed is considered a public document.”
The Court’s decision hinged on the provisions of Section 77, which permit the submission of certified copies of public documents as secondary evidence. Furthermore, Section 79 establishes a presumption of genuineness for certified copies of documents that are considered admissible by law.
The Justices underscored, “Considering the provisions of the Evidence Act and Section 57(5) of the Registration Act, the certified copy of the sale deed was deemed admissible as evidence for establishing the contents of the original.”
Additionally, the Court emphasized that a second appeal could only be entertained if it involved a substantial question of law, in accordance with Section 100 of the Code of Civil Procedure. The High Court’s decision to overturn the findings of the lower courts was deemed unjustified, and the Supreme Court reinstated the decree granted by the trial court.
The case in question was titled “Appaiya VS Andimuthu@ Thangapandi & Ors.”
Also Read: Recent Landmark Cases under Indian Evidence Act, 1872 – Law Insider India