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5. The only sections therefore which have to he considered are Section 11 and Section 13 of the Evidence Act. I shall first take up Sec, 11 and determine whether or not the statements in question fall within the said section and are admissible. Section 11 reads as follows;-

"11. Facts not otherwise relevant are relevant (1) if they are inconsistent with any fact in issue or relevant fact:
(2) if by themselves or in connection with any other facts they make the existence or non-existence of any fact in issue or relevant fact highly probable or improbable."

6. I am unable to accept this contention of the learned Advocate for the respondents. In the first place, it has to be noticed that under Sub-section (2) of Section 11 of the Evidence Act only those facts can be admitted, which make the existence or non-existence of any fact in issue Or relevant fact highly probable or improbable. Importance of the word "highly' used before the words "probable or improbable" in the section should not be overlooked.

It is not every fact which may make the existence of a fact in issue probable or improbable, which should be admitted under the said sub-section. It is only those facts which would make the existence of any Fact in issue or relevant fact highly probable or improbable that are admissible under Section 11. This in effect was also the view which seems to have been taken by the very learned Judge who decided the case reported in AIR 1956 Mad 226. His Lordship in the course of his judgment observed as follows:-

"The only two limitations on the use of these documents under Section 11, are: The Court must exercise a sound discretion and see that the connection between the fact to be proved and the fact sought to be given under Section 11 to prove it must be so immediate as to render the co-existence of the two highly probable. The section makes admissible only those facts which are of great weight in bringing the court to a conclusion one way or the other as regards the existence or the non-existence of the fact in question. The admissibility under this section must, in each case, depend on how near is the connection of the facts sought to he proved with facts in issue and to what degree do they render facts in issue probable or improbable when taken with the other facts in the case."

Applying his test to the present case, I am unable to hold that the recitals contained in the documents in question make the existence or non-existence of the fact in issue so highly probable or improbable that they would be admissible under section 11(2) of the Evidence Act. It should be noted that this is not a transaction which took place entirely between strangers. The document in question was executed by the vendor of the plaintiffs in respect of a different land in favour of the plaintiffs.