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february 1969

Supreme Court of India · 1969-02-04

M. L. ABDUL JABHAR SAHIB vs H. V. VENKATA SASTRI & SONS & ORS.

Citation / case number
SC 1966/60374
Court
Supreme Court of India
Petitioner
M. L. ABDUL JABHAR SAHIB
Respondent
H. V. VENKATA SASTRI & SONS & ORS.
Bench
BACHAWAT, R.S.

Judgment text excerpt

The Supreme Court held that a security bond executed under the Transfer of Property Act, 1882, must comply with the attestation requirements outlined in Section 3. The Court clarified that the bond, which was only attested by one witness and signed by identifying witnesses at registration, was invalid as it did not meet the criteria for valid attestation under Section 59. Consequently, the High Court's decision to allow rateable distribution among creditors was upheld, as the decree did not enforce the charge created by the security bond.

M. L. ABDUL JABHAR SAHIB vs H. V. VENKATA SASTRI & SONS & ORS. · Niyam