Law: Specific Relief Act, 1877

Section: 42,54

(a) Specific Relief Act (I of 1877)--- ----Ss. 42 54---Suit for declaration, permanent injunction and possession---Genuineness of the document---Presumption of truth attached with the registered document---Scope---Gift to the stranger---Scope---Allegation of fraud, proof of/plaintiff instituted suit on the basis of registered sale-deed in his favour contending that the gift-mutation in favour of the donee-defendants was fraudulent in which requirement of gift of immoveable property were lacking and that the donor-defendant was not in blood relationship with the donee---Held, that presumption of truth was attached with the registered sale-deed so the defendants/respondents were under obligation not only to shatter genuineness of the alleged registered sale-deed but also to prove genuineness of the gift-mutation attested in their favour---Record revealed that the donor-respondent himself had contested the suit; he denied the execution of registered sale-deed and had admitted the genuineness of the gift-mutation in favour of donor-respondents---Donor-respondent asserted that throughout his life, he had lived with the donee-respondents who (donee) had looked after him (donor)/plaintiff also placed reliance on the affidavit allegedly executed by the donor-respondent showing his admission regarding the registered sale-deed---Said affidavit was, however, not proved as the petitioner failed to produce the very executants and even he (executant-donor) was not cited as a witness in the list of his witnesses, though he (donor) was alive at the time of recording of evidence failed to produce two witnesses, in presence of whom he entered into oral sale-agreement with the donor-respondent---No sale-consideration was, admittedly, paid before the execution of registered deed---There was difference in all three relevant dates regarding alleged registered sale-deed (i.e. purchase of stamp paper, scribing of sale-deed and execution/attestation of sale-deed), which the petitioner , in his evidence, attributed to on and off visits of the donor-respondent from remote city (of his (donors) residence---It was not appealable to a prudent mind that donor-respondent would have been…

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