structure with reference to private
properties. However, private property was never documented in
ancient Indian literatures. It is relevant to point out at this
juncture
title to the said disputed property is fully
covered by the ancient registered documents. However, the possession of
the said property by the petitioner
documents, public
documents, recitals in judgments, judgments inter partes
as also judgments which are not inter partes sale-deeds,
mortgage deeds and other documents ... documents may be classified under three
heads:
(1) documents which are per se inadmissible,
.
(2) recitals in judgments not inter partes, and
(3) documents
similar
contention and held as under:-
"40. .........Admissibility of a document is one thing and its
probative value quite another - these two aspects cannot ... para 53)
145. (4) The probative value of documents which, however
ancient they may be, do not disclose sources of their
information or have
documents, public
documents, recitals in judgments, judgments inter partes
as also judgments which are not inter partes sale-deeds,
mortgage deeds and other documents ... documents may be classified under three
heads:
(1) documents which are per se inadmissible,
.
(2) recitals in judgments not inter partes, and
(3) documents
documents, public
documents, recitals in judgments, judgments inter partes
as also judgments which are not inter partes sale-deeds,
mortgage deeds and other documents ... documents may be classified under three
heads:
(1) documents which are per se inadmissible,
.
(2) recitals in judgments not inter partes, and
(3) documents
need not seek and consider any other
documents, including the original title documents. Moreover, it is not a title
dispute between private individuals, and hence ... deeds
are not necessary. Even then, as all their original ancient title and other
documents were destroyed in fire, the petitioners have obtained certified
photocopies
need not seek and consider any other
documents, including the original title documents. Moreover, it is not a title
dispute between private individuals, and hence ... deeds
are not necessary. Even then, as all their original ancient title and other
documents were destroyed in fire, the petitioners have obtained certified
photocopies
Admissibility of a document is one thing and its probative value quite another?these two aspects cannot be combined. A document may be admissible ... entitled to great weight.
***
145. (4)The probative value of documents which, however ancient they may be, do not disclose sources of their information
prior to the year 1920-21 settlement was an ancient
adoption. For which, no document was available in support of the same.
16. The modes ... lacking in most of the ancient adoptions.
(iii) AIR 1985 Orissa 171--Sitaram Naik and Puranmal Sonar
and others--Ancient adoption--Manner of proof4No definite
