Home Case Index All Cases Indian Laws Indian Laws + HC Indian Laws - 2016 (11) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2016 (11) TMI 1753 - ALLAHABAD HIGH COURTAuthenticity of the sale deed - entitlement to compensation - Burden of Proof vs. Onus of Proof - Forgery and Fictitious Documents - the court dismissed the suit and ruled in favor of the defendant-respondents for compensation of the disputed land - Section 6(e) of Transfer of Property Act, 1882. The plaintiffs argued the sale deed was void and forged, while the defendants claimed it transferred their right to compensation. Whether sale deed transfers disputed land to the purchasers or only right to receive compensation was transferred? - HELD THAT:- Once it is said that the vendors have collected entire compensation of disputed land, this factum that such compensation may have been enhanced in litigation after that was transferred, in our view, will bring the deed in question as transferring "a mere right to sue" and would be hit by Section 6 (e) of Act 1882 - The stipulation contemplates a chance of higher compensation in litigation and intends to transfer the same. This is evidently a mere 'right to sue' and not any interest in the disputed land - the question is answered against defendant-respondents and in favour of appellants. Whether Sale-deed dated 8.2.1994 is a forged and fictitious document, as claimed by plaintiff-appellants or Court below has rightly held it a genuine document? - HELD THAT:- When a document is registered in the office of Sub-Registrar, thumb impressions and signatures are obtained by Sub-Registrar on its own Register also. Defendant-respondents made no effort to get appropriate record summoned from the office of Sub-Registrar, particularly when document was challenged forged and fictitious, obtained by impersonation. It was also not signed by one of two witnesses as well as author - Court below has erred in law, firstly by stretching burden of proof of the factum of fraud and misrepresentation of aforesaid document on plaintiff-appellants on the ground that no witnesses of document were examined as plaintiffs' witnesses. plaintiff-appellants when challenged document as a forged and fictitious one, they never admitted that any person was accepted by them as a witness to such document. Hence, question of producing such witnesses by plaintiffs could not have arisen. Benefit of document was claimed by defendant-respondents. Hence onus to produce witnesses to prove document lay upon them. There is a distinction between "burden of proof" and 'onus' - question answered in favor of appellants. Whether Court below has rightly held that defendant-respondent are entitled to payment of compensation of disputed land? - HELD THAT:- There is neither any evidence on record nor otherwise, from which it can safely be inferred that there was any interest or right to receive compensation available on 8.2.1994 which could have been transferred by plaintiff-appellants to defendant-respondents. Moreover when they themselves claimed compensation @ Rs. 400/- per square yard, would have agreed to give up such contest on meager consideration of Rs. 60,000/- is highly improbable unless there is some reason - the question is answered against defendant-respondents. The judgement and decree, dated 16.9.1998 and 29.9.1998 respectively, passed by Sri Devendra Kumar Jain, XIIth Additional District Judge, Ghaziabad in Original Suit N. 47 of 1996 read with Land Acquisition Reference under Section 30 of Act, 1894 are hereby set side - appeal allowed.
|