AIR 1964 RAJASTHAN 39 ::1964 RajLW 196 ::ILR (1964) 14 Raj 259

Rajasthan High Court

Hon'ble Judge(s): C. B. Bhargava , J

(A) Evidence Act (1 of 1872) , S.68 Proviso— Specifies denial of execution - What amounts to - Defendant not only denying execution but requiring plaintiff to prove due execution of gift deed which included attestation - This was specific denial. Plaintiff claimed title to property in question on the basis of a registered gift deed executed in her favour by her father. The defendant in his written statement pleaded "para 2 of the plaint is denied, and the plaintiff is put to the proof of the facts stated therein. Plaintiff must prove that a legal and valid gift has been made to her." Held that there was specific denial, of the execution of the document within the meaning of the proviso to Section 68. The defendant not only denied the execution of the document, but required the plaintiff to prove its due execution which included attestation as well. (B) Transfer of Property Act (4 of 1882) , S.3— Attention - What amounts to - Attesting witness stating that executant and the other attesting witness signed in the presence and he signed at instance of executant - Attention held proved. The witness stated in his examination that he had attested the gift deed and identified his signature on it. He stated that the executant had signed the gift deed i....