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OBE Evidence I (Arif)

Arif has possessed land since 1974 based on a registered deed. In 2010, Pasha sued Arif challenging the authenticity of the deed. Arif wants to contest the suit. The proper way for Arif to prove his deed is primary evidence by presenting the original title deed since it is over 30 years old. The court will presume the deed is authentic under the law that documents over 30 years old may be presumed correct if produced from proper custody.

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Md Arifin Arif
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48 views1 page

OBE Evidence I (Arif)

Arif has possessed land since 1974 based on a registered deed. In 2010, Pasha sued Arif challenging the authenticity of the deed. Arif wants to contest the suit. The proper way for Arif to prove his deed is primary evidence by presenting the original title deed since it is over 30 years old. The court will presume the deed is authentic under the law that documents over 30 years old may be presumed correct if produced from proper custody.

Uploaded by

Md Arifin Arif
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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Open Book Examination

Md. Arifin Arif


LLBA2018000559

Question: Arif has been in possession of a land on the basis of a registered deed of 1974.To
construct a building in this land, Arif has borrowed taka 5 lacs from Sonali Bank Ltd. by
mortgaging the land in favour of that bank.In 2010, Pasha filed a suit against Arif claiming title
over the said land challenging genuineness of Arif's deed of title.Arif decides to contest the
suit.What will be the proper way for Arif to produce & prove the said document of title in that
suit? Discuss.
Answer:
Fact: Arif has been in possession of a land on the basis of a registered deed of 1974.To construct
a building in this land, Arif has borrowed taka 5 lacs from Sonali Bank Ltd. by mortgaging the
land in favour of that bank.In 2010, Pasha filed a suit against Arif claiming title over the said
land challenging genuineness of Arif's deed of title.Arif decides to contest the suit.What will be
the proper way for Arif to produce & prove the said document of title in that suit?
Issue: whether the proper way for Arif to produce & prove the said document of title in that suit
or not.
Decision: If any person claims title any land, this must be proved by providing the deed of title.
According to section 61, the contents of documents may be proved either by primary or by
secondary evidence. Also according to section 64, Documents must be proved by primary
evidence except in the cases hereinafter mentioned.
According to the said fact, as Arif has been in possession of a land on the basis of a registered
deed of 1974. He can proved by merely providing the title deed since the document is more than
30 years old. Court may presume this as correct. According to section 90, Where any document,
purporting or proved to be thirty years old, is produced from any custody which the Court in the
particular case considers proper, the Court may presume that the signature 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 the case of a document executed or attested, that it was duly
executed and attested by the persons by whom it purports to be executed and attested.

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