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Sambhaji Shivaji Rajebhosale And Ors vs Nirmalabai Sadashiv Renukar And Ors on 8 February, 2017
cites
Mange Ram vs Brij Mohan And Others on 3 August, 1983
12. Learned counsel for the appellants submits
that the evidence by clerk of the Gram Panchayat was
being discarded for the reason that he had appeared as
witness without his name being in the witness list. He
submits that it is not an absolute rule that the court
should discard such evidence. He relied on a decision of
the Apex Court in the case of Mange Ram Vs. Brij Mohan
reported in 1983 DGLS (Soft.) 194 1983 (4) SCC 36.
Ashok Sharma vs Ram Adhar Sharma on 11 February, 2009
He
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11 S.A. 325.2011 - [J]
further refers to the case of Ashok Sharma Vs. Ram
Adhar Sharma reported in (2009) 11 Supreme Court
Cases 47 to stress that production of document by witness
can be permissible and can be taken on record and it may
not be necessary to file copies of the same on record. He
submits that his evidence does indicate that there are no
houses and as such Gram Panchayat could not have given
house numbers to the properties without there being
houses. As such, there is no substance in the contention
of the decree holders that there are houses No. 701/A-1 to
A-3. He submits that evidence of the clerk of Gram
Panchayat shows that houses No. 701/A-1 to A-3 are open
lands. He, under the circumstances, purports to submit
that on the face of such record when there is no dispute
that Sy.No. 461 being owned by the appellants/third party
and the same having not been dealt with to the
predecessor of decree holders, the claim for possession
by them under the decree is unsustainable.
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