APPAIYAversusANDIMUTHU @ THANGAPANDI & ORS.

                 [2023] 12 S.C.R. 525 : 2023 INSC 835



                           CASE DETAILS

                                APPAIYA
                                    v.
             ANDIMUTHU @ THANGAPANDI & ORS.
                    (Civil Appeal No. 14630 of 2015)
                         SEPTEMBER 20, 2023
            [B.R. GAVAI AND C.T. RAVIKUMAR, JJ.]

                             HEADNOTES

      Issue for consideration: Whether the High Court was correct in
holding that owing to the non-production of any document by appellant
evincing as to how the sons’ of the seller obtained the suit property in a
partition Exhibit A1-registered sale deed whereby the property was sold to
the appellant’s vendor, being a registration copy-secondary evidence, could
not be admitted in evidence as proof of the contents of its original.
      Evidence Act, 1872 – s. 65(e), 74, 76, 77 and 79 – Registration Act,
1908 – s. 57(5) – Admissibility in evidence of certified copies in property
matters – Certified copy of the sale deed executed in favour of appellant’s
vendor-Exhibit A-1, produced by the appellant, if admissible in evidence
for the purpose of proving the contents of its original document:
     Held: Certifi ed copy issued thereunder is not a copy of the original
document, but is a copy of the registration entry which is itself a copy
of the original and is a public document u/s. 74(2) of the Evidence
Act and 75(5) thereof, makes it admissible in evidence for proving the
contents of its original – Thus, the cumulative effect of the provisions
of the Evidence Act and s. 57(5) of the Registration Act would make
the certified copy of the sale deed produced as Ext.A1 admissible in
evidence for the purpose of proving the contents of the said original
document – Thus, the finding of the High Court that the certified copy
of Ext.A1 owing to the failure in production of the original and proving
through an independent witness is inadmissible in evidence, is legally
unsustainable – Acceptance of the admissibility of Ext.A1 found in favour
                                   525
526          SUPREME COURT REPORTS                      [2023] 12 S.C.R.


of the appellant by the trial court and confirmed by the appellate court
was in tune with the provisions – Once the title of appellant’s vendor
acquired under Ext.A1 sale deed is established and purchase of the same
property by the appellant, under Ext.A5 registered sale deed is upheld
by the High Court there was no reason or justifi cation to interfere with
the concurrent judgments of the courts below – Since sale deed legally
establishes the contents of the original sale deed the same should confer
the right over the entire property to the appellant – Thus, no ground to
sustain the reversal of the concurrent judgments of the courts below
by the High Court in exercise of the power u/s. 100 CPC, as no ground
justifying such exercise exists – Judgment of the High Court is set aside
and that of the appellate court confirming the judgment and decree of the
trial court is restored – Code of Civil Procedure, 1908 – s. 100. [Paras
21, 29, 33 and 34]
       LIST OF CITATIONS AND OTHER REFERENCES
     Vidhyadhar v. Manikrao & Anr. (1999) 3 SCC 573:[1999] 1 SCR
1168; Yadarao Dajiba Shrawane (D) by LRS v. Nanilal Harakchand
Shah (D) & Ors. (2002) 6 SCC 404; Lankeshwar Malakar v. R. Deka
(2006) 13 SCC 570: [2006] 9 Suppl. SCR 895; Santosh Hazari v.
Purushottam Tiwari (2001) 3 SCC 179:[2001] 1 SCR 948; SK. Bhikan v.
Mehamoodabee (2017) 5 SCC 127:[2017] 1 SCR 841; R. Nainar Pillai
and Anr. v. Subbiah Pillai 2007 SCC OnLine Mad 457/ (2008) 3 Mad
LJ 219 – referred to.
       OTHER CASE DETAILS INCLUDING IMPUGNED
              ORDER AND APPEARANCES

     CIVIL APPELLATE JURISDICTION : Civil Appeal No.14630 of
2015.
    From the Judgment and Order dated 17.10.2012 of the High Court of
Madras at Madurai in SAMD No.802 of 2004.
      Appearances:
      S. Mahendran, Adv. for the Appellant.
      M. P. Parthiban, T. R. B. Sivakumar, Advs. for the Respondents.
    APPAIYA v. ANDIMUTHU @ THANGAPANDI & ORS.                              527



       JUDGMENT / ORDER OF THE SUPREME COURT

                               JUDGMENT

     C.T. RAVIKUMAR, J.
       1. The captioned appeal by special leave is directed against the
judgment dated 17.10.2012 passed by the Madurai Bench of the Madras High
Court in Second Appeal (MD) No. 802 of 2004 whereby and whereunder
it reversed the concurrent judgments of the courts below decreeing the suit
with regard to the title and possession of the entire suit property and confined
the plaintiff’s (appellant herein), entitlement to title and possession to 96
cents purchased under Ext. A5 sale deed. To be precise, as per the judgment
impugned, the judgment dated 03.07.2001 in A.S.No.65/97 of the Sub-Court,
Periyankulam confirming the judgment and decree dated 30.09.1997 in
O.S.No.104/96 of the District Munsif-cum-Judicial Magistrate, Andipatti,
was set aside to the aforesaid extent. The appellant herein was the plaintiff
and the respondent Nos. 1 and 6 were respectively defendant Nos. 3 and
2, in the stated suit. Respondent Nos. 2 to 5 are the legal representatives of
the deceased first defendant. The subject suit was filed seeking declaration
that the entire suit property belonged to the plaintiff and for a consequential
prayer for permanent injunction against the defendants.
     2. The case of the appellant – (plaintiff) in nut-shell, relevant for the
purpose of disposal of the appeal, is as follows :-
      On 09.08.1918, Vellaiya Thevar executed a mortgage deed for the
loan availed from Irulappan, the father of appellant’s vendor- Puliyankaladi,
in respect of the suit property having an extent of 2 acres and 61 cents
comprised in Survey No.845/1 of Thimmanayakanur village in Andipatti
Taluk of Madurai District. Default in repayment of loan amount made
Puliyankaladi to file O.S. No.519/1928 against sons of Vellaiya Thevar
viz., Thavasi Thevar, Kuruppa Thevar, Subbaiah Thevar and Sangu Thevar
and it was decreed in favour of Puliyankaladi. In order to satisfy the
decree, they sold the property to Puliyankaladi as per Ext. A1 registered
sale deed No.1209/1928 dated 27.08.1928. Puliyankaladi, thereafter
executed a mortgage deed of the suit property in favour of Veluchamy and
Vellamal. On 31.05.1961 he executed another mortgage deed in favour of
528           SUPREME COURT REPORTS                          [2023] 12 S.C.R.


Veluchamy and Velammal. The said mortgage deeds were redeemed by
the appellant (plaintiff) on 24.06.1963. Ultimately, the appellant purchased
the suit property from Puliyankaladi and his family members namely,
Irulan, Balakrishnan and Balakrishnan’s minor children Senthilkumaran
and Backialakshmi on 15.07.1963 as per sale deed No.1759/1963 of SRO,
Andipatti. Since then, he has been in its possession and enjoyment. After
mutating it in his name in the revenue records he obtained patta and has been
paying kist to the government. The defendants are strangers having lands on
the southern and northern sides of the suit property. They demanded him to
sell the property to them and on being refused they turned inimical to him
and started disturbing his peaceful possession and enjoyment of the suit
property. On 05.06.1994, the defendants along with some others attempted
to trespass into his property, but it was thwarted with the help of co-villagers.
      3. The first and the third defendants filed written statement in the
suit mainly refuting the averment that the entire suit property belonged to
Puliyankaladi and contending that it is incorrect and false and therefore, the
plaintiff may be put to strict proof. The further case of the defendants was that
out of the total extent of the property in Survey No.845/1, 75 cents belonged
to Thavasi Andi Thevar, Veluthai Ammal and the first defendant, and son
of Thavasi Andi Thevar, Veluthai Ammal and the first defendant executed a
registered mortgage deed on 14.09.1961 in favour of Pomminayakkanpatti
Palaniammal for Rs. 1000/-. Further, as per sale deed No.2178/1974 of
Andipatti Sub-Registry the third defendant purchased 30 cents in Survey
No.845/1 and its well, 1/5th Kamalaivari channel and ½ of the Kamalaivari
channel on the western side and since then she has been in possession and
enjoyment of the said extent. In short, according to them suit was instituted
with an ulterior intention to grab the entire property comprised the Survey
No.845/1.
      4. Based on the pleadings the trial court framed the following issues:-
           “1. Whether the plaintiff is entitled to permanent injunction?
           2. Whether the sale of the plaintiff is a forged one?
           3. Whether the mortgage deed dated 14.9.198 is genuine?
           4. Whether the sale deed dated 13.9.1974 is genuine?
    APPAIYA v. ANDIMUTHU @ THANGAPANDI & ORS .                            529
                 [C.T. RAVIKUMAR, J.]

           5. Whether the entire suit property is not under the possession
           of the plaintiff?
           6. What relief the plaintiff is entitled to?”
     5. Thereafter, an additional issue was framed as under:-
     “1. Whether the plaintiff is entitled to declaration to the suit property?”
      6. On the side of the appellant/plaintiff, he got himself examined as
PW-1 and Exts.A1 to A8 were marked and on the side of the defendants
three witnesses were examined and Exts.B1 to B14 were marked. Exts.
C1 to C8 were marked as Court documents. After evaluating the oral and
documentary evidence adduced, the trial Court held that the plaintiff is
entitled to get declaration that the entire suit property belonged to him and
as a consequence, the defendants and their men are to be restrained from
interfering with the peaceful possession and enjoyment of the plaintiff
over the suit property and decreed the suit accordingly. Evidently, the First
Appellate Court in A.S.No.65 of 1997 filed by the defendants against the
judgment and decree of the trial court in O.S.No.104/1996 did not frame
any specific point(s) as enjoined under Order XLI, Code of Civil Procedure,
1908 (hereinafter, ‘the CPC’), but observed that the issue to be considered
is whether the appeal is to be allowed as prayed for by the appellants
therein/defendants 1 and 3. Obviously, additional documents were filed by
defendants 1 and 3 and received in evidence as Exts.B15, B16 and B17 by the
Lower Appellate Court. Even after appreciating such additional evidence, it
found no reason to interfere with the judgment and decree of the trial Court
and consequently, dismissed the appeal.
      7. The unsuccessful defendants filed second appeal under Section
100 of the CPC which culminated in the impugned judgment. The High
Court framed three questions as substantial questions of law and after an
elaborate consideration, the High Court held all the substantial questions
of law in favour of the appellants therein viz., defendant Nos. 1 and 3. As a
necessary sequel, the concurrent judgments of the courts below decreeing
the suit with regard to the title and possession were set aside to the extent
mentioned above and the appeal was accordingly allowed.
     8. The appellant/plaintiff assails the judgment of the High Court
allowing the Second Appeal as above, on various grounds. The core
530            SUPREME COURT REPORTS                        [2023] 12 S.C.R.


contention of the appellant is that findings of facts concurrently recorded
by the Court below are immune from challenge before the High Court in
Second Appeal as the First Appellate Court is the final Court on facts. It is
true that this position is well-settled. At the same time, this position is not
devoid of exceptions. The very decisions relied on by the appellant viz.,
Vidhyadhar v. Manikrao & Anr.1 and Yadarao Dajiba Shrawane (D) by
LRS v. Nanilal Harakchand Shah (D) & Ors. 2 themselves would go to
show that it is not an inviolable position of law.
      9. The relevant paragraphs relied on by the appellants in those
decisions themselves would make it clear that being concurrent findings
on facts is no guarantee for an imprimatur from the High Court as under
certain situations interference under Section 100, CPC after formulating
substantial question (s) of law is permissible.
       10. In Vidhyadhar’s case (supra):-
       “23. The findings of fact concurrently recorded by the trial court as
       also by the lower appellate court could not have been legally upset by
       the High Court in a second appeal under Section 100 CPC unless it
       was shown that the findings were perverse, being based on no evidence
       or that on the evidence on record, no reasonable person could have
       come to that conclusion.”
       In Yadarao Dajiba Shrawane’s case (supra):-
       31. From the discussions in the judgment it is clear that the High Court
       has based its findings on the documentary evidence placed on record
       and statements made by some witnesses which can be construed as
       admissions or conclusions. The position is well settled that when the
       judgment of the final court of fact is based on misinterpretation of
       documentary evidence or on consideration of inadmissible evidence or
       ignoring material evidence the High Court in second appeal is entitled
       to interfere with the judgment. The position is also well settled that
       admission of parties or their witnesses are relevant pieces of evidence
       and should be given due weightage by courts.


1     (1999) 3 SCC 573
2     (2002) 6 SCC 404
    APPAIYA v. ANDIMUTHU @ THANGAPANDI & ORS .                              531
                 [C.T. RAVIKUMAR, J.]

      11. In the context of the contentions raised by the appellants relying
on the decisions referred (supra) it is only apposite to look into the question,
“what is substantial question of law”.
      12. In the decision in Lankeshwar Malakar v. R. Deka3, it was held
that in order to be substantial question of law, the test is whether it is of
general public importance or whether it directly or substantially affects the
right of the parties or whether the question is still open i.e., it is not finally
settled by the Supreme Court, Federal Court or Privy Council.
     13. In fact, in Santosh Hazari v. Purushottam Tiwari4 while exploring
the meaning of the phrase “substantial question of law” this Court held:
     “12. The phrase “substantial question of law”, as occurring in the
     amended Section 100 is not defined in the Code. The word substantial,
     as qualifying “question of law”, means — of having substance,
     essential, real, of sound worth, important or considerable. It is to
     be understood as something in contradistinction with — technical,
     of no substance or consequence, or academic merely. However, it
     is clear that the legislature has chosen not to qualify the scope of
     “substantial question of law” by suffixing the words “of general
     importance” as has been done in many other provisions such as
     Section 109 of the Code or Article 133(1)(a) of the Constitution.
     The substantial question of law on which a second appeal shall
     be heard need not necessarily be a substantial question of law of
     general importance. In Guran Ditta v. T. Ram Ditta [AIR 1928
     PC 172 : 55 IA 235] , the phrase “substantial question of law”
     as it was employed in the last clause of the then existing Section
     110 CPC (since omitted by the Amendment Act, 1973) came up
     for consideration and their Lordships held that it did not mean
     a substantial question of general importance but a substantial
     question of law which was involved in the case as between the
     parties. In Sir Chunilal V. Mehta & Sons Ltd. v. Century Spg. and
     Mfg. Co. Ltd. [1962 Supp (3) SCR 549] the Constitution Bench
     expressed agreement with the following view taken by a Full Bench


3   (2006) 13 SCC 570
4   (2001) 3 SCC 179
532           SUPREME COURT REPORTS                         [2023] 12 S.C.R.


      of the Madras High Court in Rimmalapudi Subba Rao v. Noony
      Veeraju AIR 1951 Mad 969] :
      “[W]hen a question of law is fairly arguable, where there is room for
      difference of opinion on it or where the Court thought it necessary to
      deal with that question at some length and discuss alternative views,
      then the question would be a substantial question of law. On the other
      hand, if the question was practically covered by the decision of the
      highest court or if the general principles to be applied in determining
      the question are well settled and the only question was of applying
      those principles to the particular facts of the case it would not be a
      substantial question of law.”
      and laid down the following test as proper test, for determining whether
      a question of law raised in the case is substantial:
      “The proper test for determining whether a question of law raised in
      the case is substantial would, in our opinion, be whether it is of general
      public importance or whether it directly and substantially affects the
      rights of the parties and if so whether it is either an open question
      in the sense that it is not finally settled by this Court or by the Privy
      Council or by the Federal Court or is not free from difficulty or calls
      for discussion of alternative views. If the question is settled by the
      highest court or the general principles to be applied in determining
      the question are well settled and there is a mere question of applying
      those principles or that the plea raised is palpably absurd the question
      would not be a substantial question of law.
      13. In Dy. Commr., Hardoi v. Rama Krishna Narain [AIR 1953 SC 521]
      also it was held that a question of law of importance to the parties was
      a substantial question of law entitling the appellant to a certificate
      under (the then) Section 110 of the Code.
      14. A point of law which admits of no two opinions may be a proposition
      of law but cannot be a substantial question of law. To be “substantial”
      a question of law must be debatable, not previously settled by law of
      the land or a binding precedent, and must have a material bearing
      on the decision of the case, if answered either way, insofar as the
      rights of the parties before it are concerned. To be a question of law
    APPAIYA v. ANDIMUTHU @ THANGAPANDI & ORS .                            533
                 [C.T. RAVIKUMAR, J.]

     “involving in the case” there must be first a foundation for it laid in
     the pleadings and the question should emerge from the sustainable
     findings of fact arrived at by court of facts and it must be necessary to
     decide that question of law for a just and proper decision of the case.
     An entirely new point raised for the first time before the High Court
     is not a question involved in the case unless it goes to the root of the
     matter. It will, therefore, depend on the facts and circumstance of each
     case whether a question of law is a substantial one and involved in the
     case, or not; the paramount overall consideration being the need for
     striking a judicious balance between the indispensable obligation to do
     justice at all stages and impelling necessity of avoiding prolongation
     in the life of any lis.”
     14. In the decision in SK. Bhikan v. Mehamoodabee5, this Court held
that when court is called upon to interpret documents and examine their
effect, depending upon the nature of controversy and the issues involved,
it would constitute substantial question (s) of law.
      15. Bearing in mind the aforesaid positions with respect to the exercise
of power under Section 100, CPC, we will have to consider whether the
reversal of the concurrent judgments of the Court below by the High Court
as per the impugned judgment invites interference under Article 136 of the
Constitution of India.
     16. Obviously, the High Court framed three questions of law, as under:-
     “1. Whether the courts below are right in law in construing
     Ex.A.1 sale deed dated 27.08.1928 in favour of Puliyankaladi, the
     predecessor - in - title of the suit property as alleged by the plaintiff/
     respondent contrary to the extent and boundaries described in the
     said sale deed?
     2. Whether the courts below erred in law in presuming that the
     appellant/ first defendant has admitted the title of the predecessor viz.,
     Puliyankaladi in view of Exs.A.2, A.3, A.4 and other deeds.
     3. Whether the courts below have erred in law in casting the burden


5   (2017) 5 SCC 127
534            SUPREME COURT REPORTS                          [2023] 12 S.C.R.


       of proof on the appellants / defendants to prove that the plaintiff is not
       entitled to the entirety of the suit property in a suit for declaration of
       title by the plaintiff?”
     17. As noted above, the High Court answered all of them in favour of
the defendants and consequently reversed the concurrent judgments to the
extent noted above. A scanning of the impugned judgment would reveal the
main reasons for such reversal as under:-
       (i)   Exhibit A1, sale deed dated 27.08.1928 (produced as Annexure
             P1 in this appeal) was executed in favour of Puliyankaladi by the
             sons of Vellaiya Thevar. However, no document was produced
             by the plaintiff/the appellants herein, evincing as to how they
             obtained it under partition so as to have right to alienate it.
       (ii) Exhibit A1 would not attract the presumption of genuineness
            provided under Sections 90 and the presumptive proof of
            ownership under 110 of the Evidence Act, 1872 for the reason
            that it is only a registration copy of the registered sale deed dated
            27.08.1928 and its genuineness is disputed.Furthermore, in the
            light of the decision in R. Nainar Pillai and Anr. v. Subbiah
            Pillai6 to admit such a document in evidence and to presume it
            as genuine it requires corroboration by an independent witness.
       (iii) Exhibits A2, A3 & A4 would not estop under Section 110 of the
             Evidence Act the appellants therein from disputing the title of
             the respondent therein - plaintiff as what was dealt with under
             Exhibit A1 is different from what were dealt with under Exhibits
             A2 to A4.
       (iv) The Courts below did not place reliance on Exhibit B1, certified
            copy of the sale deed dated 02.07.1977 executed by the appellant’s
            father and Perumal Nayakkar (mother of the plaintiff) in favour of
            Pommi Nayakkar to an extent of 52 cents from the suit property
            which comprised in Survey No.845/1 in Thimmarasanaickanur
            village, Andipatti Taluk, Madurai District.



6     2007 SCC OnLine Mad 457/ (2008) 3 Mad LJ 219
    APPAIYA v. ANDIMUTHU @ THANGAPANDI & ORS .                             535
                 [C.T. RAVIKUMAR, J.]

     (v)   Vellaiya Thevar was entitled to only 96 cents and therefore in
           terms of Exhibit A5, the plaintiff (the appellant) is entitled only
           to 96 cents.
     (vi) Both sides have produced kist rasid, chitta and patta.
      18. In the light of the reasons that persuaded the High Court to reverse
the concurrent judgments, as mentioned above, their sustainability is to be
looked into with respect to the positions of law as noted hereinbefore, with
respect to the scope of exercise of power under Section 100, CPC and with
reference to the relevant provisions under the Evidence Act as also other
relevant enactments.
       19. We will consider whether the High Court was legally correct in
holding that owing to the non-production of any document by the plaintiff
(the appellant) evincing as to how the sons of Vellaiya Thevar obtained the
suit property in a partition Exhibit A1, being a registration copy (secondary
evidence), could not be admitted in evidence as proof of the contents of
its original. At the outset, it is to be stated that while holding thus the High
Court has failed to consider the relevant provisions under the Evidence Act
and also the Registration Act, 1908 appropriately. If the relevant provisions
under the said enactments were properly applied to the facts of the case, the
High Court would not have placed reliance on R. Nainar Pillai’s case (supra)
to hold that since Exhibit A1 being a registration copy, the presumption
of due execution of the original under Section 90 of the Evidence Act,
particularly in the absence of independent witness would not be available.
We say so because proper consideration of the provisions under Sections 61,
63, 65, 74, 76, 77 and Section 79 of the Evidence Act would have definitely
brought out that it was absolutely unessential to consider the applicability of
Section 90 as also Section 110 of the Evidence Act. Needless to say, that in
such circumstances there would not have been any necessity to seek proof
through an independent witness, as well.
      20. At the outset, it is very much relevant to note that the finding
of fact by the trial Court that Exts. A1 to A5 are all registered with Sub-
Registrar’s office was not disturbed, rather, agreed by the First Appellate
Court. As a matter of fact, the High Court also did not reverse the said
findings on facts. Indisputably, the appellant has produced the registered
copy of (Exhibit A1) sale deed No. 1209/1928 dated 27.08.1928 executed
536           SUPREME COURT REPORTS                           [2023] 12 S.C.R.


by sons of Vellaiya Thevar in favour of Puliyankaladi. Section 61 of the
Evidence Act provides that the contents of documents may be proved
either by primary or secondary evidence. Section 63 which is an inclusive
defi nition of secondary evidence provides under sub-section (1) thereof
that, “certified copies given under the provisions hereinafter contained”
constitute secondary evidence. Certainly, cases falling under Section 65
form exception to the mandate under Section 64 that documents must
be proved by primary evidence. Section 65 provides that secondary
evidence relating to documents may be given of the existence, condition
or contents of a document in the various cases given thereunder. Section
65, in so far as, it is relevant for the purpose of this case reads thus:-
      “65. Cases in which secondary evidence relating to documents may be
      given.––Secondary evidence may be given of the existence, condition,
      or contents of a document in the following cases: ––
      (a)..
      (b)..
      (c)..
      (d)..
      (e) when the original is a public document within the meaning of
      section 74;
      …………………………………………………
      In case (e) or (f), a certified copy of the document, but no other kind
      of secondary evidence, is admissible.”
                                                          (Underline supplied)
      21. Section 74 deals with documents which are public documents.
Sub-section (2) thereof makes public records kept [in any State] of private
documents within the purview of “public document” under Section 74.
Going by Section 76, certified copies of public documents shall be given,
on demand, by the public officer having the custody of public document,
together with a certificate written at the foot of such copy that it is a true copy
of such document or part thereof, as the case may be, and such certificate
shall be dated and subscribed by such officer with his name and his official
    APPAIYA v. ANDIMUTHU @ THANGAPANDI & ORS .                             537
                 [C.T. RAVIKUMAR, J.]

title. Such copies so certified shall be called certified copies in terms of
Section 76.
      22. It is to be noted that in the case on hand, a certified copy of Exhibit
A1 sale deed dated 27.08.1928 was produced by the appellant. As noted
earlier, the Courts below found that it is registered with the Sub-Registrar’s
Office. The contention of respondent(s) is that it is only a certified copy and
not the original document. In the light of the aforementioned provisions under
the Evidence Act there can be no doubt with respect to the permissibility
for the production of such a certified copy as secondary evidence in law,
in regard to the existence, condition or contents of a document. As per
Section 77 of the Evidence Act such certified copies may be produced in
proof of the contents of the public document concerned. Section 79 deals
with presumption as to genuineness of certified copies. Section 77 and 79
of the Evidence Act reads thus:-
     “77. Proof of documents by production of certified copies. –– Such
     certified copies may be produced in proof of the contents of the public
     documents or parts of the public documents of which they purport to
     be copies.
     79. Presumption as to genuineness of certified copies. – The Court
     shall presume [to be genuine] every document purporting to be a
     certificate, certified copy or other document, which is by Law declared
     to be admissible as evidence of any particular fact, and which purports
     to be duly certified by any officer [of the Central Government or of
     a State Government, or by any officer [in the State of Jammu and
     Kashmir] who is duly authorized thereto by the Central Government]:
     Provided that such document is substantially in the form and purports
     to be executed in the manner directed by law in that behalf.
     The Court shall also presume that any officer by whom any such
     document purports to be signed or certified, held, when he signed it,
     the official character which he claims in such paper.”
      23. In view of the provision under Section 79 of the Evidence Act,
Section 57 (5) of the Registration Act assumes relevance in the context of
the case and it reads thus:
538           SUPREME COURT REPORTS                         [2023] 12 S.C.R.


      “57. Registering officers to allow inspection of certain books and
      indexes, and to give certified copies of entries.—
      (1)..
      (2)..
      (3)..
      (4)..
      (5) All copies given under this section shall be signed and sealed by the
      registering officer, and shall be admissible for the purpose of proving
      the contents of the original documents.”
                                                        (Underline supplied)
      24.Now, we will have to consider the cumulative effect of the
aforementioned provisions as relates the certified copy of the sale deed
No.1209/1928 dated 27.08.1928 (Annexure P1) produced by the appellant-
plaintiff.
      25. While considering the said question it is very relevant to refer to
point Nos. 8 and 9 raised on behalf of the defendant No.3 viz., respondent
in this appeal. They read thus:-
      “8. Exhibit A1 is an ancient document in terms of Section 90 of the
      Evidence Act and the presumption is limited to Extent that it was
      executed.
      9. The execution of document not in dispute and there is no need to
      raise presumption u/s 90.”
      26. Point Nos.8 and 9 as stated above raised by the defendant in this
appeal would reveal that he did not dispute the execution of Ext.A1 sale
deed No.1209/1928 dated 27.08.1928. A bare perusal of Ext.A1 would reveal
that the subject property involved in the transaction effected thereunder is
the property in Survey No.845/1, having an extent of 2 acres and 61 cents
situated at Thimmarasanaickanur village in Madurai District. Therefore, the
question is whether the appellant/plaintiff has proved the contents of Ext.
A1 in terms of the Evidence Act.
     27. The relevant aspects which are to be borne in mind while
considering the aforesaid question are that indisputably Ext.A1 is a registered
    APPAIYA v. ANDIMUTHU @ THANGAPANDI & ORS .                                539
                 [C.T. RAVIKUMAR, J.]

copy of the sale deed No.1209/1928 dated 27.08.1928 of SRO Andipatti
and its execution is not in dispute. It was marked through PW-1. Evidently,
contentions, rather objections were raised on behalf of the respondent as to
its admissibility in evidence and as per the impugned judgment the objections
were upheld by the High Court to certain extent on manifold reasons. It was
contended before the High Court and upheld by the High Court that Ext.A1
is only a registration copy of sale deed No. 1209/1928 dated 27.08.1928 of
SRO Andipatti, and its original title deed in the name of Puliyankaladi was
not marked as an evidence. Further the High Court held that Puliyankaladi
obtained the property as per Ext.A1 sale deed from sons of Vellaiya Thevar
namely, Thavasi Thevar, Kuruppa Thevar, Subbaiah Thevar and Sangu
Thevar but no document evincing partition conferring exclusive title on
them to alienate the property was produced. Certain other reasons based on
the provisions of Section 90 and 110 of the Evidence Act, were also assailed
for not acting upon the registration copy of Ext.A1.
      28. In the aforesaid context it is relevant to note that the sons of Vellaiya
Thevar, named above, sold the property having an extent of 2 acres and 61
cents comprised in Survey No. 845/1 of Thimmarasanayakanur Village to
Puliyankaladi in the circumstances specifically mentioned thereunder, as
per registered sale deed No. 1209/ 1928 dated 27.08.1928. It is nobody’s
case that the siblings of Vellaiya Thevar challenged Ext.A1 in any court of
law till 15.07.1963, the day on which Puliyankuladi as per Ext.A5 sale deed
No.1759/1963 of SRO Andipatti sold it to appellant/plaintiff. Add to it, its
execution is not in dispute, as noted earlier. Evidently, what was sold under
Ext. A5 registered sale deed by Puliyankaladi to the appellant/plaintiff is the
same property comprised in Survey No.845/1 of Thimmanayakanur village
of Madurai District having an extent of 2 acres and 61 cents as disclosed
under the said sale deed. In short, what is discernible from the materials
on record is that both Exts.A1 and A5 sale deeds were not subjected to any
kind of challenge till today. At any rate, no document revealing successful
challenge against those registered documents are brought on record by the
respondent- defendant.
      29. Having regard to all the aforesaid circumstances and in the light of
the various provisions of the Evidence Act mentioned hereinbefore we will
firstly consider the question whether the appellant/plaintiff had succeeded in
540           SUPREME COURT REPORTS                         [2023] 12 S.C.R.


proving the contents of Ext.A1. Going by Section 65(e) when the original
of a document is a public document within the meaning of Section 74,
secondary evidence relating its original viz., as to its existence, condition or
contents may be given by producing its certified copy. Ext.A1, indisputably
is the certified copy of sale deed No. 1209/1928 dated 27.08.1928 of SRO
Andipatti. In terms of Section 74(2) of the Evidence Act, its original falls
within the definition of public document and there is no case that it is
not certified in the manner provided under the Evidence Act. As noticed
hereinbefore, the sole objection is that what was produced as Ext.A1 is
only a certified copy of the sale deed and its original was not produced in
evidence. The hollowness and unsustainability of the said objection would
be revealed on application of the relevant provisions under the Evidence
Act and the Registration Act, 1908. It is in this regard that Section 77 and
79 of the Evidence Act, as extracted earlier, assume relevance. Section
77 provides for the production of certified copy of a public document as
secondary evidence in proof of contents of its original. Section 79 is the
provision for presumption as to the genuineness of certified copies provided
the existence of a law declaring certified copy of a document of such
nature to be admissible as evidence. When that be the position under the
aforesaid provisions, taking note of the fact that the document in question
is a registered sale deed, falling within the definition of a public document,
the question is whether there exists any law declaring such certified copy
of a document as admissible in evidence for the purpose of proving the
contents of its original document. Sub-section (5) of Section 57 of the
Registration Act is the relevant provision that provides that certified copy
given under Section 57 of the Registration Act shall be admissible for the
purpose of proving the contents of its original document. In this context
it is to be noted that certified copy issued thereunder is not a copy of the
original document, but is a copy of the registration entry which is itself a
copy of the original and is a public document under Section 74(2) of the
Evidence Act and Sub-section (5) thereof, makes it admissible in evidence
for proving the contents of its original. There is no case that foundation for
letting in secondary evidence was not laid and as noted earlier, both the trial
Court and the First Appellate Court found it admissible in evidence. Thus,
the cumulative effect of the aforementioned sections of the Evidence Act
and Section 57(5) of the Registration Act would make the certified copy of
    APPAIYA v. ANDIMUTHU @ THANGAPANDI & ORS .                              541
                 [C.T. RAVIKUMAR, J.]

the sale deed No. 1209/1928 dated 27.08.1928 of SRO Andipatti, produced
as Ext.A1 admissible in evidence for the purpose of proving the contents
of the said original document. When this be the position in the light of the
specific provisions referred hereinbefore under the Evidence Act and the
Registration Act, we have no hesitation to hold that the finding of the High
Court that the certified copy of Ext.A1 owing to the failure in production
of the original and proving through an independent witness is inadmissible
in evidence, is legally unsustainable. In the other words, the acceptance of
the admissibility of Ext.A1 found in favour of the appellant/plaintiff by the
trial Court and confirmed by the First Appellate Court was perfectly in tune
with the provisions referred hereinbefore and the High Court had committed
an error in reversing the finding regarding the admissibility of Ext.A1.
      30.When the execution of Ext.A1 was not disputed by the respondent
(in fact in the circumstances it was indisputable) and when the contents of
the original sale deed bearing No. 1209/1928 dated 27.08.1928 of SRO
Andipatti was proved by production of the certified copy there was absolutely
no reason to look for the application of Section 90 or 110 of the Evidence
Act, in the instant case. For the purpose of proving the admissibility and
evidentiary value of Ext.A1 or Ext.A5 in the circumstances involved in the
instant case, there was absolutely no requirement to look into Section 90
or Section 110 of the Evidence Act. In this context it is relevant to note that
once the title of plaintiff’s vendor Puliyankaladi acquired under Ext.A1 sale
deed is established and purchase of the same property by the plaintiff, of
course his father on his behalf, under Ext.A5 registered sale deed is upheld
by the High Court there was no reason or justification to interfere with the
concurrent judgments of the Courts below. Before dealing with this question
further, in the fitness of things we will refer to another aspect. A bare perusal
of the impugned judgment of the High Court would reveal that virtually,
the High Court also, in troth, agreed with the admissibility of Exts.A1 and
A5. The High Court held that 96 cents were purchased under Ext.A5 by
the appellant/plaintiff. In paragraph 14 of the impugned judgment the High
Court held:-
     “However, even though the first appellant property/plaintiff has prayed
     for declaration to the entire suit property as admitted by the appellant/
     defendant that the title of the plaintiff Puliyankaladi purchased the
542           SUPREME COURT REPORTS                          [2023] 12 S.C.R.


      property from Velaiya Thevar and his property is only entitled to 96
      cents and as said the first respondent/ plaintiff has titled over the 96
      cents as per sale deed Ex.A.5 and not grant that and accordingly, he
      is entitled to the title as well as the possession.”
      31. If Ext.A1 was not taken as a certified copy admissible for proving
the contents of its original and accordingly, taken the contents of its original
as proved where is the question of accepting Ext.A1 sale deed creating title
to Puliyankaladi to sell the property covered thereunder to the plaintiff under
Ext.A5 sale deed, as held in paragraph 14 of the impugned judgement. In
this context it is also relevant to note that except Ext.A1 sale deed there is no
other proven document conferring title to Puliyankaladi to effect transfer of
property having an extent of 2 acres and 61 cents comprised in Survey No.
845/1 of Thimmanayakanur village in Madurai District. In short, the very
action on the part of the High Court in declaring that the appellant herein/
the plaintiff got title over 96 cents as per Ext.A5 sale deed and therefore,
he is entitled to the title as well as possession over the said extent, in the
aforesaid circumstances amounts to confirmation of the admissibility and
evidentiary value of Exts.A1 and A5 as held by the Courts below.
      32. Now a perusal of the impugned judgment would reveal that the
High Court held that the Ext.A1 would not cover the entire extent of 2
acres and 61 cents comprised in Survey No.845/1 of Thimmanayakanur
village in Andipatti Taluk of Madurai District. We are at a loss to understand
as to how the High Court came to such a conclusion when Ext.A1 in
unambiguous terms describes the property transacted thereunder as land
comprised in Survey No. 845/1 of Thimmanayakanur village having an
extent of 2 acres and 61 cents. A perusal of Ext.A1 would also reveal that
it specifies the boundaries within which the said extent of property lies.
The recital in Ext.A1 that describing the property as property in Survey
no. 845/1 having an extent of 2 acres and 61 cents along with 3/5 th share of
well and other plants standing in its four boundaries would not and could
not be taken as something which would reduce the actual extent of the
property under transaction i.e., 2 acres and 61 cents comprised within the
boundaries mentioned thereunder. In this context, it is also to be noted that
Puliyankaladi, who purchased the aforesaid extent of the property under
Ext.A1 sale deed, had sold the very same property to appellant/plaintiff
    APPAIYA v. ANDIMUTHU @ THANGAPANDI & ORS .                             543
                 [C.T. RAVIKUMAR, J.]

as per Ext.A5 sale deed No. No.1759/1963 dated 15.07.1963 going by the
description thereunder. As stated earlier, going by Ext.A5 the extent of the
property transacted thereunder also having an extent of 2 acres and 61 cents
comprised in Survey No.845/1 of Thimmanayakanur village. Hence, once
Ext.A5 was held as valid and in existence there can be no reason to confine
the title passed thereunder to 96 cents when based on Exts.A1 and A5 courts
below held that the appellant/plaintiff is entitled to title and possession
over the entire extent. The discussion and conclusions as above would
take us to the next question whether the High Court, on re-appreciation of
evidence, was legally and factually correct in reducing the extent to which
the appellant/plaintiff is entitled to, by virtue of Ext.A5 sale deed. In view of
the admissibility of Exts.A1 and A5 the courts below were right in casting
the onus of proof on the defendants as indisputably, the appellant/plaintiff
had discharged his burden of proof. The High Court came to the conclusion
that the oral and documentary evidence on the part of the defendants were
not properly appreciated by the courts below and it resulted in the grant of
decree in favour of the appellant/plaintiff in respect of the entire extent of
the suit property.
      33. A scanning of the concurrent judgments of the courts below would
reveal that the High Court has again committed an error as the courts below
had given sound reasons for not accepting the evidence on the part of the
defendants. Taking note of the fact that Ext.A5 was registered on 15.07.1963
the courts below considered the question(s) relating their evidentiary value
and whether they could outweigh the evidence on the part of the appellant/
plaintiff, in extenso. When once Ext.A1 is found as genuine and as one
legally admissible for the purpose of proving the contents of the original
sale deed No.1209/1928 of SRO, Andipatti and one transferring the title
to the extent covered thereunder to Puliyankaladi who is the vendor of the
appellant/plaintiff, in the absence of any proven document conferring a
better title to the respondent/defendant, as held by the courts below, there
was no reason to reverse the concurrent findings of the courts below. On
analysing the evidence on the part of the respondent/defendant the trial
Court found that defendant(s) did not produce any document proving that
the defendant had any right over the suit property prior to the mortgage of
the property effected by Puliyankaladi in the year 1959 under Ext.B2. The
trial Court, therefore, rightly held that the oral and documentary evidence
544            SUPREME COURT REPORTS                        [2023] 12 S.C.R.


of the appellant/plaintiff clearly established that till 1959 the suit property
belonged to Puliyankaladi and thereafter, the appellant/plaintiff purchased
the property from Puliyankaladi as per Ext.A5, in the circumstances
mentioned thereunder. Since Ext.A5 legally establishes the contents of the
original sale deed No.1209/1928 of SRO, Andipatti the same should confer
the right over the entire property covered by Exts.A1 and A5 to the appellant/
plaintiff . In fact, this alone was declared by the trial Court and the order of
injunction was nothing but a natural sequel to such declaration. The First
Appellate Court confirmed the judgment and decree granted by the trial
Court. On a careful and anxious consideration of the impugned judgment
we find no ground to sustain the reversal of the concurrent judgments of
the courts below by the High Court in exercise of the power under Section
100 CPC, as no ground justifying such exercise exists in the instant case.
The upshot of the discussion is that the High Cout in exercise of the power
under Section 100 CPC, ought not have interfered with the findings of the
trial Court judgment and decree of the trial Court which were confirmed
by the First Appellate Court. Accordingly, the impugned judgment of the
High Court invites interference.
      34. In the result the appeal stands allowed. The judgment of the High
Court in S.A.(M.D.) No. 802 of 2004 dated 17.10.2012 is accordingly set
aside and the judgment of the Sub-Court, Periyankulam in A.S.No.65/97
confirming the judgment and decree dated 30.09.1997 in OS No.104/1996
of the District Munsif-cum-Judicial Magistrate Court, Andipatti is restored.
      35. The Appeal is allowed as above. In the circumstances of the case,
there will be no order as to cost.


Headnotes prepared by:                                           Appeal allowed.
Nidhi Jain