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.