Section 36 of the Indian Evidence Act, 1872

Comments:

The Section 36 mentions two kinds of maps or charts. First includes the published maps or charts generally offered for public sale and the second are those maps or plans made under the authority of Government. Maps or charts of the first kind are relevant only on the ground that they are accessible to the public nevertheless their accuracy may be challenged. The Supreme Court has held that such private maps offered for public sale though not irrelevant do not get the benefit of presumption of accuracy under section 83 of the Act.

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The defendant has encroached on land of the plaintiff and the land records are not available for survey. It was held that the court commissioner or the cadastral surveyor cannot decided the encroachment.

Maps or plans in the second category made under the authority of the Government being public document and are relevant under section 83 of the Act. Under this section the court shall presume the maps or plans purporting to be made by the authority of the Central Government or any State Government were so made and accurate. Thus, maps or plans prepared under the authority of the Government are themselves relevant. The general principle from which the second kind of maps referred to in this section are admitted.