NARBADA DEVI GUPTA versus BIRENDRA KUMAR JAISWAL AND ANR.

NARBADA DEVI GUPTA versus BIRENDRA KUMAR JAISWAL AND ANR.

Where documents are produced, admitted by opposite party, signatures are admitted, and marked as exhibits by the court, such documents are treated as admitted and further proof is not required. In the absence of plaintiff disputing signatures or making consequential amendment for fraud or forgery, rent receipts are duly proved and tenant's possession is credible.

Parties
Appellant: Narbada Devi Gupta; Respondent: Birendra Kumar Jaiswal; Proforma Respondent: Gangadhar Halder
Jurisdiction
India
Judgment Date
03 November 2003
Procedural Posture
Civil Appeal / Appeal From Judgment and Order of Calcutta High Court Dated 12.1.96 in Appeal From Original Decree No. 397 of 1984
Outcome
Appeal dismissed
Legal Topics
Proof of Execution of Documents, Admissibility of Documentary Evidence, Recovery of Possession, Tenancy, Burden of Proof
Evidence Law Property Law Proof of Execution of Documents Admissibility of Documentary Evidence Recovery of Possession Tenancy Burden of Proof

Case Brief

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Parties

Narbada Devi Gupta

Appellant

Birendra Kumar Jaiswal

Respondent

Gangadhar Halder

Proforma Respondent

Procedural Posture

Civil Appeal / Appeal From Judgment and Order of Calcutta High Court Dated 12.1.96 in Appeal From Original Decree No. 397 of 1984

Legal Issues

  1. 1 Whether admission of signature and marking rent receipts as exhibits constitute due proof of execution and contents of the rent receipts
  2. 2 Whether the defendant proved tenancy based on rent receipts

Ratio Decidendi

Where documents are produced, admitted by opposite party, signatures are admitted, and marked as exhibits by the court, such documents are treated as admitted and further proof is not required. In the absence of plaintiff disputing signatures or making consequential amendment for fraud or forgery, rent receipts are duly proved and tenant's possession is credible.

Court Disposition

Appeal dismissed

Orders

  • Parties to bear their own costs in this appeal