KRISHNAN vs BACKIAM

The Supreme Court upheld the First Appellate Court's decision that the sale deed dated 25.9.1989 was valid, as it was executed by Ramayee, who was found to be the same person as Lakshmi. The Court emphasized that the burden of proof regarding the alleged forgery of the sale deed rested on the defendant, who failed to discharge this burden. The Court also clarified that Sections 54 and 59 of the Transfer of Property Act do not mandate compulsory attestation for sale deeds, and thus the sale deed could be proved under the Indian Evidence Act without attestation requirements. The appeal was allowed, restoring the First Appellate Court's judgment in favor of the plaintiff-appellant.