90. Presumption as to documents thirty years old. –
– Where any document, purporting or proved
to be thirty years old, is produced from any custody which the Court in the particular case considers
proper, the Court may presume that the signature and every other part of such document, which purports
to be in the handwriting of any particular person, is in that person’s handwriting, and, in the case of a
document executed or attested, that it was duly executed and attested by the persons by whom it purports
to be executed and attested.
Explanation.–– Documents are said to be in proper custody if they are in the place in which, and
under the care of the person with whom, they would naturally be; but no custody is improper if it is
proved to have had a legitimate origin, or if the circumstances of the particular case are such as to render
such an origin probable.
This explanation applies also to section 81.
Illustrations
(a) A has been in possession of landed property for a long time. He produces from his custody deeds relating to
the land showing his titles to it. The custody is proper.
(b) A produces deeds relating to landed property of which he is the mortgagee. The mortgagor is in possession.
The custody is proper.
1. Subs. by the A.O. 1937, for “G. of I.”
2. Subs. by Act 3 of 1951, s. 3 and the Schedule, for “in and for that Part B State or country”.
3. Ins. by Act 21 of 2000, s. 92 and the Second Schedule (w.e.f. 17-10-2000).
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(c) A, a connection of B, produces deeds relating to lands in B’s possession, which were deposited
with him by B for safe custody. The custody is proper.
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