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Supreme Court Of India

Hon'ble Judge(s): V. Gopala Gowda, Arun Mishra , JJ

(A) Specific Relief Act (47 of 1963) , S.6— Suit for possession - Maintainability, without prayer for declaration of title - Suit filed by plaintiff for possession based on title on strength of sale deed executed in her favour by sole surviving sister/heir of one of the deceased sons of deceased owner - Main plea of defendant was that she was adopted daughter of deceased widow of deceased owner who was in possession of property as widow's estate before it was sold to plaintiff - Defendant unable to prove adoption - Plea does not prima facie put any cloud over plaintiff's title - Suit for possession simplictor without declaration of title - Maintainable. (Para 12) (B) Civil P.C. (5 of 1908) , O.8 R.5— Evidence Act (1 of 1872) , S.137, S.138— Specific denial of fact in written statement - Execution of sale deed in favour of plaintiff - Proof of - Execution of sale deed not specifically denied in written statement - Denial for want of knowledge - Is no denial at all - Examination of party who executed sale deed - Not necessary - No effective cross-examination made on plaintiff's witnesses with respect to factum of execution of sale deed - Presumption that witness account is accepted, arises - Factum of execution of sale deed in favour of plaintiff, stands, undisputed. ....