Ramesh Chander Gupta vs Ram Niwas Gupta on 18 January, 2023
74. Ld. counsel for plaintiff relying upon the judgments of Abdul
Rahim (supra), Pentakota (supra) and Govind Bhai (supra) has
contended that as it was a registered document, the registration itself is the
attestation and there was no requirement of producing any attesting witness.
He has further contended that as there was no specific denial to the
assertion that the executor had executed the gift deed, the proviso to section
68 of the Indian Evidence Act was applicable and there was no requirement
of producing any attesting witness but still, an attesting witness has been
produced in the form of PW2 who has categorically proved the gift deed.