A Truthseeker ( A retired Indian citizen) 09 October 2009

Evidence Act

Fact = i) there is Sahid Minar at Esplanade

ii) there is a tank on the south of Sahid Minar.

A claims the tank. B claims the tank.

Facts in issue= is there any tank on the south of Sahid Minar?

Issue Of Fact = who is the owner of the tank? A or B?

Fact not in issue- there is Sahid Minar at Esplanade.

But this may be relevant.

Please discuss about the correctness of the above illustrations.

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5 Replies

SURENKUMAR B SHETTY (Advocate) 10 October 2009

Both A & B are the legal heirs of the one who is sahid, hence both A & B can claim the tank in equal ratio. if there is no other heirs class 1 heirs to the Sahid.

(Guest)

If A & B are litigating against each other then illustration with regard to "Issue of Fact" is correct. However the illustration with regard to Fact in Issue is not correct. The said illustration can be a Relevant Fact. The illustration "Fact not in issue" is not relevant at all.

A Truthseeker ( A retired Indian citizen) 10 October 2009

Mr. Menon , then what is the Fact in issue?

(Guest)

If one of the parties i.e. A or B has asserted that there is a tank to the sourth of Shahid Minar and other of them has denied the same then the illustration for Fact in Issue would be correct.

The query was interesting. Kindly correct me if I am wrong.