title over the suit land. Accordingly, declared it to
be 'suspicious document' and consequently decreed the suit.
5. The first Appellate Court upon ... registered, the same could not have been found
to be 'suspicious document'. Both the Courts below have
committed grave illegality while decreeing
solitary act. In the present case, dying declaration is a suspicious document and it is a result of prompt act by her mother and father ... recorded on 14.6.2012 (which is treated as dying declaration) is a suspicious document.
18. Learned Amicus Curiae further argued that in the present case
writing and not a Will, (ii) that such document was procured, there
were number of suspicious circumstances surrounding the Will, (iii)
the language ... counsel for the defendant
that the alleged Will is intrinsically suspicious and unnatural
document also on the ground that there is no explanation
observed that Will dated 16.08.1991 seems to be a suspicious
document prima facie.
It has been submitted by learned counsel for the appellant-
plaintiff that ... issue as to whether the Will is a suspicious
document or not can be decided in the suit itself after opportunity
of adducing evidence
Property, by playing fraud
almost everywhere, by creating suspicious
documents, to win litigation.
21) This fraud can be seen in Ex.C3, where ... clearly that P.Ws.1 and 2
have played fraud, creating suspicious documents,
and creating litigation by taking advantage of the
suspicious documents created
Property, by playing fraud
almost everywhere, by creating suspicious
documents, to win litigation.
21) This fraud can be seen in Ex.C3, where ... clearly that P.Ws.1 and 2
have played fraud, creating suspicious documents,
and creating litigation by taking advantage of the
suspicious documents created
hand.
This again makes the document Ex. CW1/A a suspicious document.
CC No. 6118/17 Sumitra V/s. Reeta Devi Page ... have been
executed in the presence of persons signing thereupon. Such
suspicious document cannot be read in evidence to infer payment of
money
suspicious circumstances make the onus of
proof very heavy and such circumstances are required to be removed
by the propounder before the document is accepted ... normal course, actually renders the aforesaid Will to be a
very suspicious document.
20. For the aforesaid reasons, this Court is of the view that
year 1982, thus the register which was produced by DW2 was suspicious document which shows
declaration cannot be relied upon without corroboration. When a dying declaration is suspicious, it should not be relied upon without having corroborative evidence. The court ... declaration of the deceased which does not appear to be a suspicious document at all.
(39) The appeal lacks merit and is accordingly dismissed.
Order
