Law:

Section:

(a) Qanun-e-Shahadat (10 of 1984)-------Art. 79---Proof of execution of document---Article 79, proviso to Qanun­e-Shahadat, 1984 did not restrict the denial of execution by the executant of the document---Proviso to. Art.79, Qanun-e-Shahadat, 1984 would not be applicable where execution of the document was denied in a suit or proceedings involving a registered document---Party relying upon a registered document was only relieved of the duty of calling the attesting witness but was not absolved - of its duty to prove the document. Mst. Chandra Kali v. Bhabhuti Prasad and another AIR 1943 Oudh 416; Zaharul Hussain v. Mahadeo Ramji Deshmukh and others AIR 1949 Nag. 149 and Kartar Singh v. Didar Singh and others AIR 1934 Lah. 282 ref. (b) Specific Relief Act (I of 1877)--- ----S. 27(b)---Gift---Suit for specific performance of contract---Gift being gratuitous transaction the defence available to subsequent vendee under S.27(b) of the Specific Relief Act, 1877 would not be available to the alleged donee- even in case of proof of a valid gift, had a valid agreement been proved by the plaintiff and had she (alleged donee) been found to be entitled to specific performance of the agreement. JUDGMENT On 28-1-1981 respondent No. l filed a suit against the appellants as also respondent No.2. In the plaint it was stated that the suit land was owned by Nizamuddin who appointed respondent No.2'as a general attorney vide registered deed, dated 12-3-1975 and authorising him to alienate the suit land; that the said attorney entered into an agreement with respondent No.l on 8-8-1979 promising to transfer the suit land to her for a consideration of Rs.60,000; that the entire amount of consideration was paid to the attorney against receipt, dated 8-8-1979 who also executed an agreement on the same date; that appellant No.2 claims to be a donee of the suit land from Nizamuddin vide Mutation No.1812 attested on 16-1-1980, whereas Niazamuddin was suffering from Marzul Maut since two months before his death and was not in his senses; that respondent No.1 is in possession through tenants; that Nizamuddin died on 3-1-1980 and the appellants and respondent No.2 (defendant No.l in the…

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