Law:

Section:

Specific Relief Act (I of 1877)---S. 42---Civil Procedure Code (V of 1908), O.XLI, R. 27(1)(b)---Suit for declaration---Plea of transfer of property as security---Production of additional evidence in Appellate Court---Scope---Plaintiff/respondent claimed that disputed house was transferred in the name of defendant/appellant only as security pursuant to some business that her (i.e. plaintiff's) husband was transacting on behalf of defendant---Defendant claimed that disputed house was transferred in his name after payment of consideration to the plaintiff---Plaintiff filed suit for declaration to the effect that she was owner of disputed house and never transferred the same to the defendant, and that transfer letter issued by concerned Housing Department was null and void being without consideration---Defendant did not appear in witness box before the Trial Court and instead his attorney appeared on his behalf---Suit of plaintiff was dismissed, however same was allowed by the High Court on appeal--- Defendant/appellant contended that plaintiff herself made an application before the Housing Department for transfer of the disputed house and admitted transfer of the same through sale; that plaintiff did not prove the fact that transfer of disputed house was for purposes of security; that plaintiff was not in possession of the house as its owner but only in her capacity as a tenant, and that he should be permitted to examine additional evidence in terms of O.XLI, R.27(1)(b), C.P.C., as same was necessary for the pronouncement of a balanced ---Validity---Plaintiff admitted in her examination-in-chief that she appeared before the concerned Housing Committee to affirm about the nature of the transfer but strangely such statement of hers was not seriously challenged during course of her cross-examination, nor was she confronted with any document showing that the house in dispute had ever been transferred through sale---Even if it was assumed that it was a sale, record did not show as to what, when, where and how consideration was paid---Fact that plaintiff retained possession of the disputed house, was another query which was not satisfactorily answered by the…

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