History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v4.c63.195.4

v4.c63.195.4

It is in consonance with this that the Indian Legislature (in the Transfer of Property Act, IV of 1882) requires writing and registration as regards the sale, mortgage and gift of immoveable property. Nārada IV. 75 very concisely hits the special characteristics of each *pramāṇa*: 'a document is always strong, witnesses are strong (as evidence) only as long as they are alive, possession becomes strong as time passes'. The comparative strength of the several kinds of evidence is well put by Bṛhaspati⁴³³: 'Witnesses are superior to inference (circumstantial evidence), a document is superior to witnesses, undisturbed possession for three generations is superior to all these'. Kāt. 221 (q. by Mit. on Yāj. II. 80 and V. P. p. 80) gives the warning that when a litigant abandoning a strong ground or means of proof resorts to a weak one to prove his case, he would not be again entitled to rely on that (strong ground of proof) after the members of the court have decided as to who should succeed. This practically propounds the same rule as that of constructive *res judicata* contained in explanation 4 to section 11 of the Indian Civil Pro. Code (of 1908).