AIR 1940 CALCUTTA 539

Calcutta High Court

Hon'ble Judge(s): Mohd. Akram , J

(A) Evidence Act (1 of 1872) , S.35, S.21(1)— Certified copy from register of rent suits is admissible u/S.35 - But statement in it made by darputnidar in connexion with rent suit and made subsequently to auction sale of darputni interest is inadmissible as admission against zamindar purchasing darputni interest. A certified copy from the register of rent suits containing various entries in a tabular form would be admissible under S.35, as written by a public servant in the discharge of his official duty. However, the statement in it made in connection with rent suit instituted by the darputnidars against the tenants and subsequent to the auction sale of the darputni interest cannot be treated as relevant admission and proved against the zamindar who has purchased the darputni interest under S.21(1).(Para 540C1) (B) Evidence Act (1 of 1872) , S.13— Sale certificate showing lands comprised in tenancy is admissible u/S.13. The sale certificate granted under O.21, R.94, Civil P.C., showing the lands comprised in the tenancy can be admitted in evidence under S.13, Evidence Act, as a transaction by which the right to possession of certain plot of land as constituting the tenancy lands was recognised.(Para 540C2) ....