Transfer of Property Act, 1882, Section 54, Specific Relief Act, 1963, Section 31, Indian Contract Act, 1872, Section 25, Evidence Act, 1872, Section 91, 92 -- Sale deed - Cancellation of sale deed - Sale deed alleged to be executed under coercion and threat and without receiving any consideration - In the sale deed, it is mentioned that sale consideration was received by..........
Transfer of Property Act, 1882, Section 54 -- Sale deed - Proof - Person who signed sale deed examined as a witness who stated about execution of document and its registration - There was sufficient proof regarding its execution...........
Registration Act, 1908, Section 49 -- Unregistered sale deed - Issue of possession cannot be said as collateral purpose by relying on unregistered sale deeds - Such document can be received as evidence in a suit for specific performance as proof of agreement of sale and only for that purpose and for no other purpose...........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Copy of sale deed duly attested by Notary Public exhibited subject to objection with regard to mode of proof and admissibility - Plaintiff by way of additional evidence sought to place on record original sale deed and to exhibit it to just to remove the technical objection - Order allowing application calls..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Categorical case of plaintiffs is that they are in possession over suit property through a registered sale deed executed in favour of their father - Various documents in shape of electricity connection and other receipts were filed by defendant which was disbelieved by trial Court - Even otherwise, such..........
Mutation -- Confers no title and is only for fiscal purpose - Entries are only one of modes of proof of enjoyment of property - When properties devolved by modes other than by written instruments like sale deed, gift deed, Will etc., then Court can definitely take aid of revenue record and rely on mutation entries for a limited purpose to determine possession and to..........
Evidence Act, 1872, Section 63(e), 71, 76, 101, Registration Act, 1908, Section 23, 57 -- Proof of document - Admissibility of secondary evidence - As per provisions of S.57(5) of Registration Act and Ss.65(f), 76 of Evidence Act, a certified copy of sale deed as registered is permitted to be given in evidence - Moreover, certified copies of public documents can also be..........
Transfer of Property Act, 1882, Section 54, Evidence Act, 1872, Section 102 -- Registered sale deed - Burden of proof - Registration of sale deed carries with it a presumption that it was validly executed - Burden of proof lies on the party challenging genuineness of transaction to show that it is not valid in law...........
Suit for possession -- On basis of redemption of suit land - Challenging execution of sale deed - Plea of plaintiff that at time of execution of sale deed they were minor and sale deed is forged document - No evidence on record produced to prove minority of plaintiffs through date of birth as well as forgery of document of sale deed - Matriculation certificates have no..........
Evidence Act, 1872, Section 68 -- Registered sale deed - Denial of its execution - Mere fact that executant/defendant is in the party array of suit alone, will not bring the document within purview of exception carved out in S.68 Proviso of the Act - S.68 Proviso of the Act alone would come into play without its exception and hence, there is no necessity for summoning or..........
