Agreement to sell -- Specific performance - Plea of fraud and misrepresentation - Except the bald statement of defendant in support of the plea there is no other corroborating evidence - A very heavy onus was on the defendant to prove fraud as execution of agreement has been fully proved by the scribe and the attesting witness - Defendant has miserably failed to prove the..........
Will -- Scribe - Did not sign the Will as an attesting witness - Held, scribe cannot be treated as an attesting witness...........
Will -- Execution - Proof - Proof of a Will does not end with the deposition of the attesting witnesses and the scribe - Propounder of a Will is thereafter required to dispel any suspicious circumstances that may surround its execution...........
Will -- Suspicious circumstances - One attesting witness examined deposed that other attesting witness was Prem son of Chowkidar whereas Will is attested by Chuhar Singh son of Chowkidar - This is not a slip of tounge - An attesting witness would not make such a fundamental error in identifying the other attesting witness...........
Will -- Suspicious circumstances - Material discrepancy in deposition of scribe and attesting witness as to whether Will was scribed in the presence of attesting witnesses - Held, this is a suspicious circumstance...........
Will -- Suspicious circumstances - Register produced by scribe containing an entry that Will was executed on 28.10.1973 - Next entry appearing after a gap of six months and last entry is dated 29.05.1975 - Entry in scribes register records one Kartar Singh as an attesting witness followed by 'Bakalam Khud' i.e. signed in his own hand - However, neither the register nor the..........
Will -- Revocation - Burden of proof - Certified copy proved from Bahi of scribe - Propounder of revocation deed examined the attesting witness who states that the revocation deed was read over to the testator by its scribe who put his left thumb impression after admitting it to be correct - Burden shifts upon the party who alleges a fact that the document does not bear..........
Evidence Act, 1872, Section 71 -- Attesting witness - Proof of signature - Proof of signature of attesting witness to the agreement will not serve any purpose, unless execution and signature of the execution of the document is established - Proof of the signature of the attesting witness to the agreement would arise only if that witness was examined and he denied his..........
Will -- Suspicious circumstances - Propounder playing a dominant role in the execution of Will and one of the attesting witness being his friend - Merely because propounder had accompanied his father to office of Sub Registrar at time of execution of Will or that one of attesting witnesses of Will happens to be a friend of propounder - By itself, does not render Will..........
Will -- Scribe - Attesting witness - Scribe did not knew the executant - Not stated that he attested the Will as an attesting witness - He has described himself as scribe of the Will - Held, scribe cannot be taken as an attesting witness...........
