Kartar Singh vs Rev Singh
2017 Latest Caselaw 6345 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 1
 

 
Case :- SECOND APPEAL No. - 1088 of 2017
 

 
Appellant :- Kartar Singh
 
Respondent :- Rev Singh
 
Counsel for Appellant :- Rahul Sahai
 
Counsel for Respondent :- Ashish Kumar Srivastava
 

 
Hon'ble Bachchoo Lal,J.

Heard learned counsel for the appellant, learned counsel for the respondent  and perused the record. 

This second appeal is admitted on the following substantial questions of law;

1. Whether the plaintiff/appellant being an illiterate person belonging to a rustic backward, he was entitled of being accorded benefit as available to a parda nasheen lady and thus the burden to prove the due execution of the disputed sale -deed dated 7.7.2004 ought to have been upon the defendant / respondent instead by the plaintiff / appellant thereby itself vitiating the impugned judgement / decree rendered by both the courts below ?

2. Whether the due execution of the sale deed having been specifically disputed by the plaintiff, it was incumbent upon the defendant / respondents moreover so by virtue of Section 68 of the evidence Act to examine an attesting witness at least, in the absence of which the sale-deed dated 7.7.2004 lost its efficacy and the suit of the plaintiff / appellant ought to have been decreed ?

Summon the lower court record.

List after receipt of lower court record for final hearing.

Order Date :- 6.11.2017

Gss