Agreement to sell -- Validity - Once defendant himself conceded in his testimony that money was received in terms of agreement to sell in question as well as signature on said agreement were of his father, merely because deed writer was not produced and there are minor discrepancies in statement of attesting witness, will not hamper the concurrent findings recorded by..........
Negotiable Instruments Act, 1881, Section 4, 118(a) -- Pronote - Signature of defendant on pronote established by handwriting expert - No contrary evidence led by defendant to disprove his signature on pronote - Even, execution of pronote established by plaintiff by examining deed writer - Non-examination of witness to pronote cannot be held against plaintiff - No rebuttal..........
Will -- Expert opinion - Original Will not produced - Direction sought to be issued for production of register of deed writer - Comparison of signatures on photocopy of Will with that of register of deed writer does not arise - Direction cannot be issued for production of register of deed writer as same would be an exercise in futility...........
Agreement to sell -- Proof - Agreement to sell proved by plaintiff and an attesting witness - Mere non-examination of stamp vendor and deed writer has not resulted in failure to prove agreement...........
Transfer of Property Act, 1882, Section 123 -- Gift deed - Validity - Execution of gift deed in favour of grandsons by donor - DW2/deed writer of gift deed proved both execution and attestation of deed of gift - He stated that donor was physically fit, she was sitting on varanda and instructed DW2 to write down said gift deed - Evidence of DW2 was all long consistent on..........
Transfer of Property Act, 1882, Section 123, 3 -- Gift deed - Attestation - Gift deed attested by only one attesting witness - Attesting witness admitted that he did not know donor and further admitted that he was not in a position to state as to whether donor was same person, who had in fact executed gift deed, as he was only asked to sign the document - He thus, put his..........
Agreement to sell -- Specific performance - Defendant denied the same by pleading it to be a security - Contents of agreement not proved by examining attesting witnesses, Stamp vendor and Deed Writer - Intention of parties for executing agreement not brought on record - Plaintiff miserably failed to prove readiness and willingness - Defendant admitted having received the..........
Agreement to sell -- Specific performance - Admission in cross examination by one of the attesting witness that there was no transaction of giving/taking of money in his presence - Sole testimony of defendant is not at all sufficient either to rebut evidence adduced by plaintiff consisting of testimonies of deed writer, one of the attesting witness and statement of..........
Agreement to sell -- Specific performance - Suit dismissed holding agreement to be forged and fabricated document - Validity - Stamp paper on which agreement was scribed is shown to have been purchased by husband of defendant no.1 - Stamp vendor not examined - Agreement not scribed by regular deed writer - It has been scribed on stamp paper purchased for execution of..........
Agreement to sell -- Specific performance - Proof of execution of agreement - No requirement of law that an agreement to sell has be proved by examining deed writer - By examining attesting witnesses of the agreement to sell, onus to prove agreement is discharged...........