APPAIYA versus ANDIMUTHU @ THANGAPANDI & ORS.

APPAIYA versus ANDIMUTHU @ THANGAPANDI & ORS.

The certified copy of the registered sale deed (Ext.A1) is a certified copy of the registration entry and is a public document admissible under Sections 65(e), 74, 76, 77 and 79 of the Evidence Act read with Section 57(5) of the Registration Act for proving the contents of the original; consequently the High Court erred in excluding or disregarding Ext.A1 and in reversing the concurrent findings of the trial and first appellate courts under Section 100 CPC; the High Court's judgment is set aside and the concurrent judgments restoring the appellant's title and possession are restored.

Parties
Appellant / Plaintiff: Appaiya; Respondents / Defendants: Andimuthu @ Thangapandi & Ors.
Jurisdiction
India
Judgment Date
20 September 2023
Procedural Posture
Civil Appeal / Appeal by Special Leave Against Judgment of the Madurai High Court (second Appeal)
Outcome
Appeal allowed
Legal Topics
Admissibility of Certified Copies of Registered Documents, Presumption of Genuineness of Certified Copies, Scope of Second Appeal / Section 100 CPC, Title and Possession
Evidence Registration Civil Procedure Property Admissibility of Certified Copies of Registered Documents Presumption of Genuineness of Certified Copies Scope of Second Appeal / Section 100 CPC Title and Possession

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 17 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Appaiya

Appellant / Plaintiff

Andimuthu @ Thangapandi & Ors.

Respondents / Defendants

Procedural Posture

Civil Appeal / Appeal by Special Leave Against Judgment of the Madurai High Court (second Appeal)

Legal Issues

  1. 1 Whether certified copy of registered sale deed (Ext.A1) is admissible as secondary evidence to prove contents of original
  2. 2 Whether High Court rightly reversed concurrent findings of trial and first appellate courts in exercise of power under Section 100 CPC
  3. 3 Whether Sections 90 and 110 of the Evidence Act or requirement of an independent witness were applicable to Ext.A1

Ratio Decidendi

The certified copy of the registered sale deed (Ext.A1) is a certified copy of the registration entry and is a public document admissible under Sections 65(e), 74, 76, 77 and 79 of the Evidence Act read with Section 57(5) of the Registration Act for proving the contents of the original; consequently the High Court erred in excluding or disregarding Ext.A1 and in reversing the concurrent findings of the trial and first appellate courts under Section 100 CPC; the High Court's judgment is set aside and the concurrent judgments restoring the appellant's title and possession are restored.

Court Disposition

Appeal allowed

Orders

  • Impugned judgment of the Madurai High Court in S.A.(M.D.) No.802 of 2004 dated 17.10.2012 set aside
  • Judgment of the Sub-Court, Periyankulam in A.S.No.65/97 confirming the judgment and decree dated 30.09.1997 in O.S.No.104/1996 restored