This judgment dismisses an appeal on the grounds that no substantial question of law arises. The court rejected the contention that non-production of an 'A' sheet map was fatal given admitted 'C' copy evidence and trustworthy surveyor testimony.
The appeal is dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE
SECOND APPEAL NO. 200 OF 2007
Smt. Haushabai Tulsiram Gawali and another .. Appellants v/s. Ramchandra Dhondiram Shelke and another .. Respondents
Mr. Niranjan P. Shimpi for the appellants.
CORAM : A.M. KHANWILKAR, J. DATED : 10TH JULY, 2007
P.C.
Heard counsel for the appellants.
A' sheet map. In the absence of A' sheet map, there was no other legal evidence to support the claim of the plaintiff. This argument clearly overlooks that the plaintiff has produced C' copy of the original map. That has been admitted in the evidence. Once that copy is brought on record and has been proved, coupled with the fact that the Surveyor has entered the witness box and his evidence supports the claim of the plaintiff, non-production of A' sheet map will not be fatal to the plaintiffs' case. There is nothing to show that the C' copy of the original map produced by the plaintiff is defective in any manner. If that is the case of the appellants, that ought to have been established during the trial. That evidence is not forthcoming. Thus understood, the fact that A' sheet map has not been filed which is any other official document will make no difference and particularly when the Surveyor has entered the witness box and deposed on the relevant facts which evidence has been found to be trustworthy and accepted by the lower court.(A.M. KHANWILKAR, J.)
3 issues framed by the court
Whether failure to produce 'A' sheet map vitiates the plaintiff's claim supported by proved 'C' copy and surveyor evidence.
Whether a private witness examined on appeal can overturn the appellate court's finding founded on documentary and oral evidence of the plaintiff.
Whether any substantial question of law arises in the present appeal.
Smt. Haushabai Tulsiram Gawali and another
Ramchandra Dhondiram Shelke and another
A.M. KHANWILKAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court