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Supreme Court Of India

(From : Calcutta)*

Hon'ble Judge(s): Shivaraj V. Patil, D. M. Dharmadhikari , JJ

(A) Evidence Act (1 of 1872) , S.67— Documentary evidence - Proof - Suit for eviction - Rent receipts produced by tenant - Signature of landlord on back portion of receipts admitted - Mark of exhibit put on back portion - Rent receipts as a whole can be treated to have been exhibited as admitted documents. The legal position is not in dispute that mere production and marking of a document as exhibit by the Court cannot be held to be a due proof of its contents. Its execution has to be proved by admissible evidence that is by the 'evidence of those persons who can vouchsafe for the truth of the facts in issue'. The situation is, however, different where the documents are produced, they are admitted by the opposite party, signatures on them are also admitted and they are marked thereafter as exhibits by the Court. In the instant suit for eviction as the mark of exhibits has been put on the back portions of the rent receipts near the place where the admitted signatures of the plaintiff landlord appear, the rent receipts as a whole can be treated to have been exhibited as an admitted documents.(Para 16) (B) Specific Relief Act (47 of 1963) , S.6— Suit for recovery of possession on allegation of taking wrongful and forcible possession - Respondent stating himself to be tenant of suit pre....