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september 1965

Supreme Court of India · 1965-09-08

AMBIKA PRASAD THAKUR AND ORS. vs MAHARAJ KUMAR KAMAL SINGH AND ORS.

Citation / case number
SC 1959/218
Court
Supreme Court of India
Petitioner
AMBIKA PRASAD THAKUR AND ORS.
Respondent
MAHARAJ KUMAR KAMAL SINGH AND ORS.
Author
R.S. BACHAWAT
Bench
R.S. BACHAWAT

Judgment text excerpt

The Supreme Court held that under Section 114 of the Evidence Act, an inference of continuity may be drawn only within a reasonably proximate time, both forwards and backwards. The Court found that the High Court erred in refusing to infer that the appellants' ancestors held certain plots during the period of land accretion from 1845 to 1863 based on survey records from 1892 to 1909, as the time interval was deemed too long. The judgment of the Patna High Court was set aside, and the appellants' claim was upheld, establishing the principle regarding the inference of continuity in evidence.

AMBIKA PRASAD THAKUR AND ORS. vs MAHARAJ KUMAR KAMAL SINGH AND ORS. · Niyam