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Presumption Of Continuity As Envisaged In Section 114 Of The Indian Evidence Act Can Be Drawn Backward Also
In a hearing at the Supreme Court by the division bench of Justice Arun Mishra and Justice Vineet Saran, it was observed that the “Court can presume that such state of affairs might have existed in past also unless discontinuity is proved”. This observation was made regarding the provision of presumption of continuity as under Section 114 of the Indian Evidence Act. It was recorded that the presumption of continuity can be drawn backward also.
In the matter of Salem Municipality v P. Kumar, the Apex Court held that the finding recorded by the high court as to possession, which had upheld the trial court order decreeing three suits filed by the plaintiff for declaration of title and permanent injunction, is clearly contrary to the revenue records and the Gazette notification of vesting of land. The bench concluded on the absence of affirmative evidence on record.
All the three suits have been dismissed by the Court whereas; a sum of Rs 1 Lac has also been imposed upon the plaintiff taking into consideration the multiplication of proceedings. On the matter of Section 114 of the Evidence Act, the status remains at the conclusion that, the court can presume that such state of affairs might have existed in past also unless discontinuity is proved.
