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Supreme Court Of India

(From : Punjab and Haryana)

Hon'ble Judge(s): K. Venkataswami, Ajay Prakash Misra , JJ

(A) Transfer of Property Act (4 of 1882) , S.3, S.123— Execution/attestation of document - Objection as to its validity - Raises a mixed question of fact and law and not a pure question of law - Such objection cannot therefore be raised for first time in appeal. Civil P.C. (5 of 1908) , S.100— The suit was for recovery of property based on a gift deed. The defendants have not raised any objection, leave alone specific objection as to the validity of execution/attestation of/in gift deed. Naturally, there was no issue on this aspect. Even the witness was not cross-examined from this angle. In the circumstances it could not be said that an objection to due attestation/execution of gift deed raises a pure question of law which can be raised at the appellate stage. This is a mixed question of fact and law. Proviso to S. 68 of the Evidence Act dispenses with the necessity of calling an attesting witness in proof of any document, except a Will, which has been registered in accordance with the provisions of the Indian Registration Act when there is no specific denial by the party against whom the document is relied upon.(Para 19) (B) Transfer of Property Act (4 of 1882) , S.123— Gift deed - Proof - Deed in question a registered deed - No specific objection raised as to its e....