Entries of mutation and jamabandi are public documents and thus admissible in evidence #indianlaws

The Himachal Pradesh High Court has held, that  public documents in the form of entries of mutation and jamabandi are relevant facts under Section 35 of the Indian Evidence Act 1872 and therefore admissible in evidence.

The Himachal Pradesh High Court in its recent finding on the issue of admissibility of public documents in the form of entries of mutation and jamabandi as evidence held, that such documents are relevant facts under Section 35 of the Indian Evidence Act 1872.

The Court further clarified that in order to render public document as admissible under Section 35 of the Indian Evidence Act 1872, following three conditions must be satisfied:

1. Entry relied on must be recorded in official record, in official book or official register;
2. It must be an entry stating a fact in issue or relevant fact;
3. It must be made by public servant in discharge of his official duty or in performance of a duty specially enjoined by law.

Entry in record of right is admissible in evidence under Section 35 of the Indian Evidence Act 1872 on the principle that law reposes confidence in public official entrusted with public duty and it is presumed that public officials will discharge their duties with accuracy and fidelity unless contrary is proved.

The mutation document and jamabandi entries are relevant fact under Section 35 of Indian Evidence Act because these are prepared by public officials under special legislation i.e. the Land Revenue Act (like HP Land Revenue Act, 1954, as in the instant matter) in discharge of their official duty.

Smt. Urmila Devi vs. Baldev Raj

Himachal Pradesh HC, 01.10.2015

RSA No.156 of 2003