Tehsildar, Urban Improvement Trust vs Ganga Bai Menariya (D) 2024 INSC 121 :: [2024] 2 S.C.R. 650 – Civil Suit- S 90 Evidence Act

Indian Evidence Act, 1872; Section 90– If the document is more than 30 years old and is being produced from proper custody, a presumption is available to the effect that signatures and every other part of such document, which purports to be in the handwriting of any particular person, is in that person’s handwriting and in case a document is executed or attested, the same was executed and attested by the persons by whom it purports to be executed and attested. This does not lead to a presumption that recitals therein are correct. (Referred to Union of India v. Brahim Uddin (2012) 8 SCC 148 ) (Para 17)

Civil Suit –A suit simpliciter for injunction may not be maintainable when the title of the property of the plaintiff was disputed by the defendants. In such a situation it was required for the plaintiff to prove the title of the property while praying for injunction- Referred to Anathula Sudhakar v. P. Buchi Reddy (Dead) (2008) 4 SCC 594. (Para 21.1)

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