Civil Procedure Code, 1908, Section 100, Easements Act, 1882, Section 15 -- Existence of pathway - Proof of - First appellate Court has overlooked the recitals in sale deed which specifically spoke the existence of pathway to reach plaintiff's house and also the oral evidence adduced by PW2, the previous vendor of the suit property, who also spoke clearly the existence of..........
Evidence Act, 1872, Section 101 -- Burden of proof - Sale deed alleged to be sham and bogus transaction - Party which makes allegation must prove it - However when question before Court is 'Whether transaction in question was a bona fide and genuine one' then it is plaintiff who relies on the transaction had to first prove its genuineness and only thereafter defendant is..........
Registration Act, 1908, Section 49 -- Unregistered sale deed tendered in evidence, not as evidence of a completed sale, but as proof of an oral agreement of sale, the deed can be received in evidence making an endorsement that it is received only as evidence of an oral agreement of sale under the proviso to S.49 of the Act...........
Evidence Act, 1872, Section 68 -- Registered sale deed - Proof - No attesting witness is required to be examined to prove the execution of the sale deed unless its execution is denied by the person, who had executed the same...........
Evidence Act, 1872, Section 61 -- Primary evidence - Suit for possession - Contents of sale-deed - Primary evidence means document itself produced for inspection of Court - S.61 of the Act embodies general rule that contents of a document may be proved either by primary or secondary evidence - If original document exists and is available it must be proved because it is the..........
Hindu Law -- Joint Family Property - Sale - Plea of legal necessity - Recital in the sale deed which is executed just few years prior to the suit about the existence of legal necessity is not the proof of legal necessity - Recital of legal necessity in the sale deed can at best be used to corroborate any substantive evidence of legal necessity adduced by the parties...........
Evidence Act, 1872, Section 68 -- Sale deed - Execution - Proof - Requirement of examining at least one attesting witness to prove execution - Not necessary where document, not being will, is registered, execution of which by person by whom it purports to have been executed has not been denied - Held, merely because person who had executed sale deed had denied vendee's..........
Civil Procedure Code, 1908, Order 13, Rule 4, Evidence Act, 1872, Section 61 -- Contents of a document - Proof - Sale deed - Scribe or attesting witness not examined - Sale deed marked exhibit without objection - Held, once a document is exhibited on record and marked as such, the contents thereof would stand proved...........
Transfer of Property Act, 1882, Section 54, 5, Registration Act, 1908, Section 60, Civil Procedure Code, 1908, Order 13, Rule 4, Evidence Act, 1872, Section 61 -- Sale deed - Consideration - Proof - Scribe or attesting witness not examined - Sale deed exhibited without objection - Held, once the document is exhibited on record and marked as such, the contents thereof would..........
Evidence Act, 1872, Section 101, 114 -- Burden of proof - With holding of best evidence - Adverse inference - Sale deed - Challenged in civil suit - Sale deed produced and exhibited on record - No objection raised - Contention that scribe or attesting witness of sale deed not examined, contents of sale deed and passing of consideration not proved. Held - Sale deed proved..........