AIR 1968 SUPREME COURT 1413

Supreme Court Of India

(From : Bombay)*

Hon'ble Judge(s): J. C. Shah, V. Ramaswami, G. K. Mitter , JJJ

(A) Evidence Act (1 of 1872) , S.114(g), S.103— A party in possession of best evidence which would throw light on the issue in controversy withholding it - Court ought to draw an adverse inference against him notwithstanding that onus of proof does not lie on him -Party cannot rely on abstract doctrine of onus of proof or on the fact that he was not called upon to produce it. AIR 1917 PC 6 (8) and Civil Appeal No. 941 of l965, D/- 15-4-1968 (SC) and AIR 1915 PC 96 (98), Rel. on. (Para 5) (B) Bombay Public Trusts Act (29 of 1950) , S.18— Peer Haji Malang Dargah near Kalyan in Thana District a public trust - Survey number on portion of which the Dargah - was located held on evidence produced to belong to the Dargah and not to the appellant whose family was shown in relevant documents as "Khatedar" or occupant - Such entries held were not of much significance since the family was in fiduciary position of a manager of the Dargah and was lawfully in possession of the survey number in that capacity - Origin and history of the Dargah traced. (Para 4 5 7) .....