Bail | Right to Speedy Trial is a Fundamental Right Under Article 21: PH High Court    |     Postal Department’s Power to Enhance Penalties Time-Barred, Rules Allahabad High Court    |     Tenants Cannot Cross-Examine Landlords Unless Relationship is Disputed: Madras High Court    |     NDPS | Conscious Possession Extends to Vehicle Drivers: Telangana High Court Upholds 10-Year Sentence in Ganja Trafficking Case    |     Aid Reduction Of Without Due Process Unlawful: Rajasthan High Court Restores Full Grants for Educational Institutions    |     Assessment of Notional Income in Absence of Proof Cannot Be 'Mathematically Precise,' Says Patna High Court    |     NCLT's Resolution Plan Overrides State Tax Claims: Andhra Pradesh High Court Quashes Demands Against Patanjali Foods    |     An Agreement is Not Voidable if the Party Could Discover the Truth with Ordinary Diligence: Calcutta High Court Quashes Termination of LPG Distributorship License    |     Independent Witnesses Contradict Prosecution's Story: Chhattisgarh High Court Acquit Accused in Arson Case    |     Merely Being a Joint Account Holder Does Not Attract Liability Under Section 138 of NI Act:  Gujarat High Court    |     Higher Court Cannot Reappreciate Evidence Unless Perversity is Found: Himachal Pradesh High Court Refused to Enhance Maintenance    |     Perpetual Lease Allows Division of Property: Delhi High Court Affirms Partition and Validity of Purdah Wall    |     "Party Autonomy is the Backbone of Arbitration: Bombay High Court Upholds Sole Arbitrator Appointment Despite Party’s Attempts to Frustrate Arbitration Proceedings    |     Videography in Temple Premises Limited to Religious Functions: Kerala High Court Orders to Restrict Non-Religious Activities on Temple Premises    |     Past Service Must Be Counted for Pension Benefits: Jharkhand High Court Affirms Pension Rights for Daily Wage Employees    |     'Beyond Reasonable Doubt’ Does Not Mean Beyond All Doubt: Madras High Court Upholds Life Imprisonment for Man Convicted of Murdering Mother-in-Law    |    

Landmark Supreme Court Ruling on Admissibility of Certified Copies in Property Disputes

05 September 2024 5:26 AM

By: Admin


In a precedent-setting judgment, the Supreme Court of India has upheld  the admissibility of certified copies in property disputes, settling a long-standing legal debate. The judgment, delivered by Justice B.R. Gavai and Justice C.T. Ravikumar, has far-reaching implications for property cases nationwide.

The case in question revolved around the admissibility of a certified copy of a sale deed, marked as Ext.A1. While the defendant disputed its admissibility, claiming it could not be considered as evidence, the Supreme Court’s ruling firmly establishes the legitimacy of certified copies when certain conditions are met.

Quoting sections of the Evidence Act, the judgment emphasizes that “Sections 65(e), 74(2), 77, and 79 of the Evidence Act, along with Section 57(5) of the Registration Act, make the certified copy of the sale deed admissible in evidence for proving its contents” (Para 29).

The court also addressed the property’s title, affirming that Ext.A5 sale deed legally established the contents of the original sale deed, thereby granting rights over the entire property covered by Exts.A1 and A5 to the appellant/plaintiff. The judgment upheld the concurrent findings of the lower courts, stating that there was “no valid reason to reverse the concurrent findings of the lower courts” (Para 33-34).

This ruling has brought much-needed clarity to the admissibility of certified copies in property disputes and may set a precedent for future property cases throughout India.

The legal community and property owners are closely watching the implications of this landmark decision, which is expected to streamline property disputes and enhance the role of certified copies as admissible evidence.

This ruling reaffirms the significance of certified copies in property disputes and marks a pivotal moment in Indian property law.

Date of Decision: September 20, 2023

Appaiya vs Andimuthu@ Thangapandi & Ors

Similar News