Skip to main content
Indian Kanoon - Search engine for Indian Law
Document Fragment View
Matching Fragments
29. Mr.N.Manoharan, learned counsel appearing for the respondents
1, 4 & 6 has relied upon a judgment of the Hon'ble Supreme Court in
Thiruvengadam Pillai vs. Navaneethammal and Another reported in (2008) 4
SCC 530. The relevant paragraphs of the aforesaid judgment is extracted
hereunder:
14. If a person wants to create a backdated
https://www.mhc.tn.gov.in/judis
agreement, the first hurdle he faces is the non-availability
of stamp paper of such old date. Therefore, tampering of the
date of issue and seal affixed by the stamp vendor, as also
the entries made by the stamp vendor, are quite common in
a forged document. When the agreement is dated 5-1-1980,
and the stamp papers used are purchased in the years 1973
and 1978, one of the possible inferences is that the plaintiff
not being able to secure an antedated stamp paper for
creating the agreement (bearing a date prior to the date of
sale in favour of the second defendant), made use of some
old stamp papers that were available with him, to fabricate
the document. The fact that very old stamp papers of
different dates have been used, may certainly be a
circumstance that can be used as a piece of evidence to cast
doubt on the authenticity of the agreement. But that cannot
be a clinching evidence. There is also a possibility that a
layman unfamiliar with legal provisions relating to stamps,
may bona fide think that he could use the old unused stamp
papers lying with him for preparation of the document and
accordingly use the old stamp papers.