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In a suit for partition, a Memorandum of Family Settlement is filed and on this basis the partition suit is decreed, but even after disposal of the suit the original Memorandum of Family Settlement remains in the file of the partition suit, then in such situation whether in a suit for eviction by one of the original co-owner of a tenant of a shop of the joint property which has fallen to the share of that co-owner as per the decree passed on the Memorandum of Family Settlement, can the certified copy of the Memorandum of Family Settlement be filed and proved as a public document in the suit against the tenant?

In a suit for partition, a Memorandum of Family Settlement is filed and on this basis the partition suit is decreed, but even after disposal of the suit the original Memorandum of Family Settlement remains in the file of the partition suit, then in such situation whether in a suit for eviction by one of the original co-owner of a tenant of a shop of the joint property which has fallen to the share of that co-owner as per the decree passed on the Memorandum of Family Settlement, can the certified copy of the Memorandum of Family Settlement be filed and proved as a public document in the suit against the tenant? Correct Answer No, it cannot be because the original Memorandum of Family Settlement document which exists in the suit for partition which is disposed of, is a private document and not public document under Section 74 of the Evidence Act

Related Questions

A person starts from his home for collecting money from various shops A,B,C,D and E. After collecting money from shop A, he reaches shop B which is 12m to the west of shop A. Then he took a left turn to reach shop C which is 5m from shop B. Again he took two consecutive left turns, where he gets to go through the midpoint of shop A and shop B. Finally he reaches the shop E which is 3m North from the midpoint of shop A and shop B. What is the shortest distance between shop C and shop E?
A lady wants to buy the following items in the given price range- 1. Tomato between Rs. 40 and Rs. 45 per kg. 2. Grapes in the price range of Rs. 80 and Rs. 90 per kg. 3. Milk packets at Rs. 23 per liter. In which shop from the following will she definitely get all her items/ A. Shop S sells tomato at Rs. 22.5 per half kg, Grapes at Rs. 82 per kg and milk at Rs. 24 per liter. B. Shop H sells grapes at Rs. 21 per quarter kg, milk at 12.5 per half litre and tomato at Rs. 22 per half kg. C. Shop O sells milk at Rs. 11.5 per half litre, tomato at 21 per half kg and grapes at Rs. 43 per half kg. D. Shop P sells tomato at Rs. 23.5 per half kg, grapes at Rs. 85 per kg and milk at Rs. 23 per litre.
Proposition of the Law of Evidence is that
1. Proceedings of Legislature may be proved by the records certified by a member present in the proceedings.
2. Acts of the Central Government may be proved by the records of the department, certified by heads of the departments.
3. Acts of the state may be proved by the document purporting to be printed by the order of such Government.
4. Acts of the State Government may be proved by records of the department certified by the head of the corresponding department of the Central Government.
A judgment was passed on 10th July, 2002, and the decree prepared on 25th July, 2002. An application for certified copy was made on 11th July, 2002 and the certified copy was ready on 1st August, 2002, and delivery of certified copy was taken on 5th August, 2002, under section 12, the period to be excluded is
X sues A and B on a promissory note executed by A, B is A's nephew, and he is joined as a defendant on the ground that A and B are member of a joint Hindu family, and that the note was for a debt binding on the family. None of the defendant appears at the hearing and an ex parte decree is passed against both the defendants.
The decree against A proceeds on the ground that the note was passed by him and against B on the ground that the debt was incurred for a family purpose. B applies for an order to set aside the decree, alleging that the summons was not served upon him and that the debt in respect of which the note was passed by A was not incurred for a family purpose. It is not disputed that the amount was actually advanced to A.
Consider the following propositions:
1. A void marriage remains valid until a decree annulling it has been passed by a competent court.
2. A void marriage is never a valid marriage and there is no necessity of any decree annulling it.
3. A voidable marriage remains valid until a decree annulling it has been passed by a competent court.
4. Children born out of void marriage will get legal protection under section 16 of the Hindu Marriage Act, 1955 on the basis of decree of nullity of such marriage.
Choose the correct option from below:
Section 114 of the Transfer of Property Act, 1882, affords protection to the tenant against forfeiture while the tenant enjoys the immunity from eviction for default in the payment of rent, the land lord gets the corresponding benefit of recovery even of such areas as are not legally recoverable. Such an equitable provision as is engrafted shall govern only to such an extent which does not run counter to any specific statutory provision. This was held in:
In a suit filed by the plaintiff, the defendant in his written statement has taken the objection of non-impleadment of necessary party. Despite such objection the plaintiff continued the suit and the suit finally was decreed. At the first appellate stage, the plaintiff withdraws the suit with liberty to file a fresh one on the same cause of action and subsequently filed a fresh suit. The period spent by the plaintiff in the earlier suit, under section 14 of Limitation Act is
A document was in the joint possession of X and Y. In a suit between Y and Z, Z requested the court for the discovery of that document. Y informed the court about the nature of the document and also stated that X is not consenting to produce the document. Z requested the court to compel Y for the production of the document as it is in the joint possession. Decide whether the court will compel Y for the production of the document.
The ratio of price of rice per kg in shops A, B and C is 10 ∶ 14 ∶ 19 and the ratio of the price of wheat per kg in shops A, B and C is 5 ∶ 8 ∶ 9 respectively. If the ratio of price of (3 kg rice + 2 kg wheat from shop A), (5 kg rice and 7 kg of wheat from shop B) and (5 kg rice from shop C and Rs. 135 worth other materials from shop B) is 2 ∶ 7 ∶ 6. What is the price of 25 kg of rice from shop A and 15 kg of wheat of shop B? (in rupees)