AIR 2007 ALLAHABAD 70 ::2007 (1) All LJ 556 ::2007 (1) ALJ 556 ::2007 (3) AKAR (NOC) 327 (ALL) ::2007 (3) AKAR (NOC) 327 (ALL.) = AIR 2007 ALLAHABAD 70 ::2007 (3) AIR Kar R 327 ::2007 A I H C 963 ::(2006) 4 All RentCas 576 ::2007 (2) All WC 1466 ::(2007) 66 All LR 441

Allahabad High Court

Hon'ble Judge(s): Umeshwar Pandey , J

(A) Contract Act (9 of 1872) S. 17, 18 — Transfer of Property Act (4 of 1882), S 53 — Sale deed — Cancellation of — Consent obtained by fraud — Plaintiff gave consent to execution of power of attorney, defendant misusing consent and executing sale deed — Allegation of plaintiff remained uncontroverted — Rebuttal of presumption of correctness of sale deed — Section 68 of Evidence Act not applicable because plaintiff had challenged validity of sale deed — He was not obliged to produce attesting witnesses to rebut correctness — Cancellation of sale deed — Proper (Para 5,6)

(B) Evidence Act (1 of 1872) S. 68 — Proof of execution of document required by law to be attested, S 68 requires attendance of attesting witnesses in Court to give his evidence in cases when disputed instrument is alleged to be a valid document of property executed between parties — It does not impose any burden upon parties which dispute validity of such document (Para 5)