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Showing contexts for: formative mark in New No.8653/16 vs Sh. Sushil Pachori on 30 January, 2017Matching Fragments
11. During examination in chief, DW4 Syed Faizal Huda has tendered in evidence his report, Ex.DW4/A and deposed that he is a Forensic Expert, having obtained degree of BSc (Honours), Forensic Sciences from Amity University and having deposed in more than 250 cases in various Courts of Delhi/NCR and that he had taken photographs of the admitted and disputed signatures of Late Sh. Dev Dutt Sharma on 09.04.2012 and after careful examination of the same, found that both the signatures are of Late Sh. Dev Dutt Sharma. In support of his testimony, DW4 Syed Faizal Huda has relied upon his report, Ex.DW4/A. During cross examination, DW4 Syed Faizal Huda has interalia deposed that he had taken the photograph of the admitted signatures of Late Sh. Dev Dutt Sharma from the photocopy of specimen Vidyawati v Sushil Pachori signature card, Ex.DW3/A1 but not mentioned the said fact in his report, Ex.DW4/A; that the parameters of handwriting can be compared by examining photocopies; that in this case, he had not felt the need to examine the original of the admitted signatures, Mark A1; that he had not examined the ink used in the execution of the disputed signatures, Mark D1, on the receipt, Ex.PW1/DA; that he had only compared the admitted signatures, Mark A1 with the disputed signatures, Mark D1; that minimum two signatures are required to identify the natural variations in the signatures of a person; that the formation, Mark A on the admitted signatures, Mark A1 is not present in the disputed signatures, Mark D1; that the formation, Mark Z on the disputed signatures, Mark D1 is not present in the admitted signatures, Mark A1; that the dot, Mark Y on the disputed signatures, Mark D1 is not present in the admitted signatures, Mark A1 and that he had not reported the said facts in his report, Ex.DW4/A because they were minor differences that mandated ignorance due to the other observations made in the report, Ex.DW4/A. Also, DW4 Sayed Faizal Huda has denied that the length of the stroke, Mark X is different on the admitted signatures, Mark A1 and the disputed signatures, Mark D1; that the stroke, Mark P is crossing the diagonal stroke on the admitted signatures, Mark A1 but just touching the diagonal stroke on the disputed signatures, Mark D1; that the three points, marked as point 1 on the disputed signatures, Mark D1 are unnatural pen pauses; that there is a unnatural retouching against arrow mark at point 2 on the disputed signatures, Mark D1 and that the disputed signatures, Mark D1 are forged signatures.
Vidyawati v Sushil Pachori Late Sh. Dev Dutt Sharma on the account opening form, Ex.DW3/A (OSR), when as per his own version, atleast two admitted signatures are required to understand the natural variations in the signatures of a person, because during cross examination DW4 Sayed Faizal Huda has admitted that in his report, Ex.DW4/A he had not mentioned that the formation, Mark A visible on the admitted signatures, Mark A1 is not visible in the disputed signatures, Mark A1; that the formation, Mark Z on the disputed signatures is not present in the admitted signatures, Mark A1 and that the dot, Mark Y on the disputed signatures, Mark D1 is not present in the admitted signatures, Mark A1 and because exfacie, the disputed signatures, Mark D1 on the rent receipt dated 24.03.1998, Ex.PW1/DA differ with the admitted signatures, Mark A1 on the account opening form, Ex.DW3/A (OSR). In respect of the complaint dated 03.12.1999, Ex.DW2/A and complaint dated 29.10.1999, Ex.DW2/B, the defendant has examined DW2 HC Devi Saran. The said witness had no personal knowledge regarding the said complaints. At point X to X on the complaint dated 29.10.1999, Ex.DW2/B, the defendant has stated that the basement of property no. E22, Laxmi Nagar, Vikas Marg, Delhi was granted to him by Late Sh. Dev Dutt Sharma with the consent of the plaintiff and his sons, till the defendant finds his own place. In the complaint dated 29.10.1999, the defendant has not claimed that he is a tenant qua the basement of property no. E22, Laxmi Nagar, Vikas Marg, Delhi at a monthly rent of Rs.500/. In the complaint dated 03.12.1999, Ex.DW2/A, the defendant has claimed himself to be a tenant qua the basement of property no. E22, Laxmi Nagar, Vikas Marg, Delhi. From a combined reading of both the aforesaid complaints, it appears that the theory of the defendant being a tenant at the basement of property no. E22, Laxmi Nagar, Vikas Marg, Delhi is an after thought of the defendant, incorporated for the first time in the complaint dated 03.12.1999, Ex.DW2/A. Vidyawati v Sushil Pachori Therefore, the complaint dated 03.12.1999, Ex.DW2/A and complaint dated 29.10.1999, Ex.DW2/B, cannot be accepted as sufficient proof for establishing that the defendant is a tenant qua the basement of property no. E22, Laxmi Nagar, Vikas Marg, Delhi. Even otherwise, I find that the theory of the defendant that he is a tenant qua the basement of property no. E22, Laxmi Nagar, Vikas Marg, Delhi cannot be accepted because admittedly the defendant is the son in law of Late Sh. Dev Dutt Sharma and the plaintiff, and it is unlikely in our society, that a father in law or a mother in law would demand rent from their son in law, qua such a small area of property, and because the defendant has never filed any petition under Section 45 of the Delhi Rent Control Act, 1958 against the plaintiff or the other LRs of Late Sh. Dev Dutt Sharma, despite disconnection of electricity at the basement of property no. E 22, Laxmi Nagar, Vikas Marg, Delhi since April 2004.