Presumption as to maps or plans made by authority of Government:
The Court shall presume that maps or plans purporting to be made by the authority of the Central Government or any State Government were so made, and are accurate; but maps or plans made for the purposes of any cause must be proved to be accurate.
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ADVERTISEMENTS:
Comments:
Section 83 has to be read with Section 36 which deals with statements in maps, charts and plans. When the statements made in maps or charts generally offered for public sale, there is no presumption as to their accuracy. But, the court under section 83 shall presume that maps or plans prepared by the Central Government or by the State Government being accurate and no further evidence is necessary to prove their accuracy.
The accuracy means accuracy as to drawing and correctness of the measurements. The Supreme Court did not allow any objection to be raised about site plan and inventory prepared on behalf of a former ruler. Where evidence did not show that copies of map filed in the case were proposed under the authority of the State, were not certified copies of the original, no authenticity was attached to the copies of the map.
A map made by a Commissioner in a previous suit which was the basis of a decree is a map not within Section 83 of the Act. Maps or plans made for any cause must be proved to be accurate by the person who made them.