AIR 2004 ALLAHABAD 131 ::2004 ALL. L. J. 1165 ::2003 (95) RevDec 7 ::2004 (2) CivilCourtC 4 ::2003 (2) All RentCas 90 ::2003 (2) All CJ 1337 ::2003 (52) All LR 213 ::2003 (5) All WC 4029 ::2003 (3) CurCC 336

Allahabad High Court

Hon'ble Judge(s): B. K. Rathi , J

(A) Transfer of Property Act (4 of 1882) , S.54— Sale deed - Execution - Proof - Sale deed executed by illiterate person - Not read over to executant - In his evidence he only stated that it bears his thumb mark - Sale deed cannot be said to be proved in accordance with law. (Para 5) (B) Specific Relief Act (47 of 1963) , S.38— Suit for permanent injunction - Plea of plaintiff that he was owner in @page-All132possession of property by virtue of sale deed - Executant of sale deed admitted in his evidence that he had delivered possession to plaintiff - Defendant neither proved his title nor possession over disputed property - Plaintiff entitled for decree on basis of possessory title against defendant. (Para 6) .....