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TMI Blog2010 (8) TMI 1168X X X X Extracts X X X X X X X X Extracts X X X X ..... ta submitting that the said respondents had no right or interest in the suit land, not being the sons of late Chandra Deo Singh and the appellants were his only legal heirs. The Consolidation Officer having framed large number of issues and having provided full opportunity of hearing to both the parties to lead evidence and make submissions, passed an order dated 8.11.2000, allowing the objections filed by the respondents and further directing to record their names. Being aggrieved, the appellants preferred the appeal before the Settlement Officer which had been dismissed vide judgment and order dated 16.2.2001. Being aggrieved, the appellants preferred Revision No. 958 under Section 48 of the Consolidation Act which also stood dismissed vide judgment and order dated 15.3.2003. 3. The appellants further agitated the issue, challenging the said judgments and orders by filing Writ Petition No. 19334/2003 which has also been dismissed vide judgment and order dated 14.8.2003. Hence, this appeal. 4. Shri Mahabir Singh, Ld. Senior counsel, appearing for the appellants, has submitted that mother of the appellants, Smt. Sonbarsa died in 1945. Chandra Deo Singh, father of the appellan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on any matter of title or right to inherit the property etc. Undoubtedly, there are concurrent findings of facts recorded by three authorities under the Consolidation Act after appreciating the entire evidence on record. The authorities have recorded following findings of facts: (I) Chandra Deo Singh was having relationship with Smt. Shakuntala for long time; (II) After the death of his wife Sonbarsa in 1945, Chandra Deo Singh had live-in-relationship with Smt. Shakuntala and started living as husband and wife; (III) Chandra Deo Singh started living with Smt. Shakuntala in a different village namely, Murdah in 1960-1961. (IV) Their relationship continued till the death of Chandra Deo Singh on 31.12.1979 and therefore, they lived together as husband and wife for a long period; (V) The respondents and other four daughters were born out of this relationship between Chandra Deo Singh and Smt. Shakuntala; and (VI) Their relationship as husband and wife had been accepted not only by the Society but also by the family members. 7. The aforesaid concurrent findings of facts recorded by the authorities under the Consolidation Act have been affirmed by the High Court t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the report prepared by the Tahsildar in view of the order passed by the competent court dated 31.7.1984. According to that Asha Devi, daughter of Smt. Shakuntala and sister of respondents was born on 7.7.1951. Therefore, if Smt. Shakuntala as per the first document was born in 1941, question of giving birth to Asha could not arise at the age of 10 years. If we go by the second document of 1979, Smt. Shakuntala was born in 1943 and she could not have given birth to Asha in 1951 at the age of 8 years. According to the third document, Smt. Shakuntala was 41 years of age in 1980. So, at the time of birth of Asha, Smt. Shakuntala was 12 years of age. Same is the position in respect of Savitri, another daughter of Smt. Shakuntala. As per Annexure P-4, School Leaving Certificate, her date of birth has been recorded as 1.9.1949. If this document is taken to be true and age of Smt. Shankutala is taken from Annex.P-1 (Colly), we will have to record a finding of fact that Smt. Shakuntala gave birth to Savitri at the age of 6 years. 11. Now we come to the most material evidence (Annex. P-8) submitted by the appellants in respect of age of Rajni Kant, respondent No. 1. The said document ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... odh Raj AIR 2008 SC 632; and Ram Suresh Singh v. Prabhat Singh @Chhotu Singh and Anr. (2009) 6 SCC 681. In these cases, it has been held that even if the entry was made in an official record by the concerned official in the discharge of his official duty, it may have weight but still may require corroboration by the person on whose information the entry has been made and as to whether the entry so made has been exhibited and proved. The standard of proof required herein is the same as in other civil and criminal cases. 15. Such entries may be in any public document, i.e. school register, voter list or family register prepared under the Rules and Regulations etc. in force, and may be admissible under Section 35 of the Evidence Act as held in Mohd. Ikram Hussain v. The State of U.P. and Ors. AIR 1964 SC 1625; and Santenu Mitra v. State of West Bengal AIR 1999 SC 1587. 16. So far as the entries made in the official record by an official or person authorised in performance of official duties are concerned, they may be admissible under Section 35 of the Evidence Act but the court has a right to examine their probative value. The authenticity of the entries would depend on whose i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and v. Parvin Kumar AIR 1952 SC 231; S.P.S. Balasubramanyam v. Suruttayan (1994) 1 SCC 460; Ranganath Parmeshwar Panditrao Mali v. Eknath Gajanan Kulkarni (1996) 7 SCC 681; and Sobha Hymavathi Devi v. Setti Gangadhara Swamy and Ors. (2005) 2 SCC 244). 22. In view of the above, the kind of material placed by the appellants on record cannot be termed enough to disbelieve the claim of the respondents. The findings of facts recorded by the courts below cannot be disturbed on this material. The appellants' case has been that the respondents were born prior to 1960 i.e. prior to the year Chandra Deo Singh started living with Smt. Shakuntala. As per the Annexure P1 (Colly), Smt. Shakuntala was born near about 1941. If the documents filed by the appellants are taken to be true, we will have to record a finding of fact that Smt. Shakuntala gave birth to her two daughters, namely, Asha and Savitri, when she was only 5-6 years of age and in case, the Certificate of Rajni Kant-respondent No. 1, contained in Annexure P8 is taken to be true and is considered in the light of the documents contained in Annexure P1 (Colly), it could be arithmetically clear that Smt. Shakuntala had given birt ..... X X X X Extracts X X X X X X X X Extracts X X X X
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