In a suit for partition a Memorandum of Family Settlement is...

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In a suit for partition, a Memorandum of Family Settlement is filed and on this basis the partition suit is decreed, but even after disposal of the suit the original Memorandum of Family Settlement remains in the file of the partition suit, then in such situation whether in a suit for eviction by one of the original co-owner of a tenant of a shop of the joint property which has fallen to the share of that co-owner as per the decree passed on the Memorandum of Family Settlement, can the certified copy of the Memorandum of Family Settlement be filed and proved as a public document in the suit against the tenant?

A. No, it cannot be because the original Memorandum of Family Settlement document which exists in the suit for partition which is disposed of, is a private document and not public document under Section 74 of the Evidence Act

B. Yes, if a certified copy is obtained of the Memorandum of Family Settlement, and filed in the suit against the tenant, as the certified copy being issued by a court, is a public document

C. Yes, certified copy obtained from a court of the Memorandum of Family Settlement will be a public document provided that the suit was filed and disposed of by a High Court and not the District Court

D. Yes provided the certified copy of the Memorandum of Family Settlement is sought to be proved by the executants of the memorandum of settlement

Answer: Option A

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