Strict construction of statutory presumptions limits certificate evidence to expressly named classes under the earlier Bengal Acts.

Section 8 of Bengal Act VII of 1868, which creates statutory evidence and an irrebuttable presumption, was held to require strict construction and to apply only to certificates expressly issued under Section 28 of Act XI of 1859 and Section 11 of Bengal Act VII of 1868. The later Bengal Act VII of 1880 did not enlarge that limited scope merely because some earlier provisions were made applicable, since each incorporated section operated only within its own wording and the tenor of the later Act. A certificate of title granted under a sale in execution of a certificate issued under the 1880 Act therefore did not fall within Section 8, and the statutory presumption was unavailable.

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Issues: Whether Section 8 of Bengal Act VII of 1868 applied to a certificate of title granted to a purchaser at a sale in execution of a certificate issued under Bengal Act VII of 1880, or whether it was confined to certificates granted under Section 28 of Act XI of 1859 and Section 11 of Bengal Act VII of 1868.

Analysis: Section 8 created statutory evidence and an irrebuttable presumption, so it had to be construed strictly. Its language expressly referred only to certificates issued under Section 28 of Act XI of 1859 and Section 11 of Bengal Act VII of 1868. Section 2 of Bengal Act VII of 1880 did not expand that limited language merely because certain provisions of the earlier enactments were made applicable, for the applicability of each section depended on its own wording and consistency with the tenor of the later Act. The certificate in question could not be treated as falling within the two categories named in Section 8.

Conclusion: The contention that Section 8 of Bengal Act VII of 1868 applied failed, and the certificate did not attract the statutory presumption in the appellant's favour.

Final Conclusion: The reference was answered against the appellant and the matter was sent back for determination of the remaining question, including fraud.

Ratio Decidendi: A provision creating conclusive or irrebuttable statutory evidence must be construed strictly, and it cannot be extended beyond the specific classes of certificates expressly named unless the later incorporating Act clearly makes that extension consistent with its own tenor.

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