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Showing contexts for: backdated agreements in Memo Of Parties vs Sh. P.S. Mahajan on 31 March, 2010Matching Fragments
The document Ex.D3 is silent about the fact of ownership and that the father of parties was the owner.
On the other hand the plaintiff has alleged the document Ex.D3 as forged on the ground that defendants no. 1 & 2 forced the plaintiff to put back date signatures on 2/- rupees stamp paper on knife point to which plaintiff resisted but ultimately out of fear signed on it. Later on it is revealed to him that the defendants has created a backdated agreement dated 31.10.1983 by obtaining his signatures. The document Ex.D3 is the same document. The plaintiff has also proved this fact in his evidence. Therefore, the execution of this document by the plaintiff with his free will is also disputed and as discussed above this document has no relevance in the eye of law to transfer the ownership because property in question cannot be partitioned without transfer of ownership. This issue is therefore decided against the defendants.