AIR 1972 ORISSA 132

Orissa High Court

Hon'ble Judge(s): S. K. Ray , J

(A) Limitation Act (9 of 1908) , Art.142— Adverse possession - Presumption and proof. Where the evidence on question of possession led by both the parties though not unworthy of credit is evenly balanced and the Court finds it difficult to prefer one to the other, the presumption that possession follows title may be applied as a presumption of fact. It is essential that the evidence must be scanned and scrutinised in the aforesaid legal perspective. The Court should not cast the initial and ultimate onus on the defendant to prove her adverse possession. It is open to a party claiming adverse possession not only to rely on the positive evidence called by him, but also on any fact elicited in cross-examination of the other party or his witnesses which lends support to his case of adverse possession.(Para 9) (B) Evidence Act (1 of 1872) , S.67— Execution of document by pardanashin or illiterate woman - Mode of proof. Where a document is purported to have been executed by a Paradanashin or illiterate woman, the parties relying upon it and seeking to bind the lady with the contents thereof, must not only formally prove the document but must in addition prove that the contents were read over and explained to the lady-executant.(Para ....