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"94. In my view, it will be an error on the part
of this Court to understand and interpret the
decision of the Supreme Court in Rosammal (supra)
the way the Trial Court has understood. In
Rosammal (supra), there was evidence on record to show
that the gift deed was brought into existence fraudulently,
as on the date of the execution, the donor was confined to
bed due to paralysis. While the donor was confined to bed
due to paralysis, the gift deed came to be executed, and
that too, by forging the signature of the donor after
influencing the Sub Registrar. In such circumstances, it was
proved or rather established as regards the
fraudulent gift deed. In such circumstances, the
Supreme Court held that once there is a denial by the
plaintiff as regards the genuineness of the gift deed, then
the proviso to Section 68 of the Evidence Act will not be
attracted, and the main part of Section 68 of the Evidence
Act would put an obligation on the party tendering the
gift deed to atleast examine one attesting witness. In my
view, the decision of Rosammal (supra) has something to
do with the term "specific denial", as contained in the
proviso to Section 68 of the Evidence Act. Rosammal
(supra) should not be understood or interpreted as
laying down as a principles of law or a proposition of law
that once the plaintiff denies the execution of a document,
then even if the plaintiff has not been able to establish or
prove fraud or forgery, the entire onus would shift on the
defendant to prove and establish the genuineness of the
C/AO/70/2022 JUDGMENT DATED: 30/06/2022
document.