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may 1994

Supreme Court of India · 1994-05-11

THAKKAR VRAJLAL BHIMJEE vs THAKKAR JAMNADAS VALJEE ANDANOTHER

Citation / case number
SC 1974/60453
Court
Supreme Court of India
Petitioner
THAKKAR VRAJLAL BHIMJEE
Respondent
THAKKAR JAMNADAS VALJEE ANDANOTHER
Author
R.M. SAHAI
Bench
R.M. SAHAI

Judgment text excerpt

The Supreme Court held that a mortgage deed must be proved by producing at least one attesting witness as per Sections 58 and 59 of the Registration Act and Sections 3 and 59 of the Transfer of Property Act. The Court found that the High Court's reliance on the appellant's lack of specific denial was incorrect, as the appellant had indeed denied the execution of the document. Consequently, the appeal was allowed, the High Court's decree was set aside, and the suit against the appellant was dismissed.

THAKKAR VRAJLAL BHIMJEE vs THAKKAR JAMNADAS VALJEE ANDANOTHER · Niyam