Witness identified his signature in photocopy Plaintiff opposed admitting of such document Plaintiff's signature in photo copy tallied with Plaintiff's adnitted signature and contents of documents could not be challenged by Plaintiff Held, on facts photo copy could be admitted in evidence.

Citation 

2010 (3) CTC 692 (Mad)

IN THE HIGH COURT OF MADRAS

V. Ramasubramanian, J

Cvl Sut No.1215 of 1995, 30 Apr 2010 F.J. Irani; Dr. Mrs. R.S. Boyce, Dr. Mrs. SY. Edjee; 1.F. Iran, Satish Gupta, Yasmin Gupta (Planeffs 4 to 6 empleaded as per the order

November 24, 2009

In A. No.5844 of 2009] Plaintiffs V. It Is Well Settled That on the Expiry of the Period of Lease, An Erstwhile Tenant Continues in Possession Because of the Law of the Land, Under Which He Cannot Be Physically Thrown Out Except by Due Process of Law. the Status of Such An Erstwhile Tenant Is That of A Tenant At Sufferance, Akin to A Trespasser Having No Independent Right to Continue in Possession. Raptakos Brett and Co. Ltd.

...Vs...

Jee Sir Ismail Wakf Estate, Rep. by Its Trustees, A. Masood Sait [amended as Per the Order Dated 03.7.2008 in A. No.2452 of 2007] Hajee Noor Mohamed Abdul Khader Sait; H.M. Constructions; P.J. Irani; S.M. Irani; T.N. Langrana

Evidence Act, 1872 (1 of 1877), Section 63-Secondary evidence - Admissibility of documentary evidence When can photo copy be marked as evidence-Defendant who sold property in auction filed photo copy of proceedings of auction-Defendant while producing such documents deposed that original of such document had been misplaced - Witness identified his signature in photocopy Plaintiff opposed admitting of such document Plaintiff's signature in photo copy tallied with Plaintiff's adnitted signature and contents of documents could not be challenged by Plaintiff Held, on facts photo copy could be admitted in evidence.