2010(5) CURRENT TAMILNADU CASES – Page 874
Section 90 – Documents that are 30 years old prove themselves – Appropriate weightage has to be given to antiquity – Section 90 would stand attracted only if document is produced from proper custody before court – Proper custody means “custody of any individual connected with deed not tainted by fraud or suspicion” – Ancient document should also be corroborated by some evidence and court can consider internal and external evidence of document regarding acceptance of signature, execution or attestation – Sale deed of 1961 containing averments of partition considered to be genuine and no formal proof of such document is required.
Pleadings – Adverse Possession - Order 7 of CPC – Party to suit claimed ownership to suit property by virtue of sale deed cannot seek to prove same by adverse possession.
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