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1 - 10 of 18 (0.27 seconds)Section 68 in The Indian Evidence Act, 1872 [Entire Act]
Section 62 in The Indian Evidence Act, 1872 [Entire Act]
Section 54 in The Transfer Of Property Act, 1882 [Entire Act]
Section 61 in The Indian Evidence Act, 1872 [Entire Act]
Section 72 in The Indian Evidence Act, 1872 [Entire Act]
The Registration Act, 1908
Section 114 in The Indian Evidence Act, 1872 [Entire Act]
Prem Singh & Ors vs Birbal & Ors on 2 May, 2006
It would be noted here that the defendant, while appearing in evidence, have
taken a stand that her husband was posted in Kashmir and he did not come
for execution of the sale deed, however, she did not produce any evidence to
prove the same. Once she was asserting that late Sh.Lakhwant Singh did not
sign the document or he was at Kashmir, at the relevant time, being posted
there, she was required to prove that fact. Under Section 114 of the 1872
Act, there is a presumption that a registered document has been validly
executed and registered. Reference in this regard can be made to the
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Regular Second Appeal No. 2334 of 2018 (O&M) 19
judgment of the Supreme Court in Prem Singh v. Birbal (2006) 5 SCC 353.
Kultar Singh vs Jagtar Singh And Ors on 13 September, 2019
44. The next judgment relied upon by the learned counsel
representing the respondent No.1 is in Kultar Singh v. Jagtar Singh 2020
(2) RCR (Civil) 332. The Court found that the sale deed is a suspicious
transaction. The aforesaid judgment is also in the facts of the case, therefore,
does not support the case of the defendants.