AIR 2006 PUNJAB AND HARYANA 160 ::2006 (5) All LJ NOC 980 ::2006 (3) AJHAR (NOC) 847 (P&H) ::2006 A I H C 3009 ::(2006) 1 MarriLJ 559 ::(2005) 4 RecCivR 413 ::(2006) 1 Pun LR 46

Punjab And Haryana High Court

Hon'ble Judge(s): M. M. Kumar , J

(A) Transfer of Property Act (4 of 1882) , S.123— Gift deed - Execution - Proof - Registered gift deed - Fact of registration proved by Registry Clerk - Scribe categorically stating that he had scribed document on asking of donor and that it was thumb marked, signed by parties and witnesses after same had been read over to them - Donor thumb-marking gift deed after accepting its contents to be correct - Donor also thumb-marking entry in register of scribe - Scribe identifying thumb impression of donor and further testifying that gift deed was duly entered in register of Sub-Registrar - Held, that there was ample evidence that gift deed was executed by donor in favour of plaintiff and it was duly proved. Evidence Act (1 of 1872) , S.68— (Para 25 27) (B) Transfer of Property Act (4 of 1882) , S.123— Gift deed - Donor not denying execution of gift deed - No attesting witness is required to be produced in such case for proof of execution - Finding by lower appellate Court that gift deed was not admitted by defendant, therefore, attesting witness was required to be examined - Erroneous - Denial of gift deed should be by donor only and no one else as provided by proviso to S.68 of Evidence Act. Evidence Act (1 of 1872) , S.68— ....