VidhiSangh

Supreme Court of India · 23/11/2017

SMT. BAYANABAI KAWARE versus RAJENDRA S/O BABURAO DHOTE

[2017] 11 S.C.R. 1029 · 2017 INSC 1136

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Summary

A defendant resisting a possession suit argued that the plaintiff’s registered sale deed had not been proved through attesting witnesses. The Court upheld the High Court’s decree, holding that a sale deed does not require attestation and that execution was adequately proved on the admitted facts.

Issues

  1. Whether a registered sale deed must be proved by examining an attesting witness under Section 68 of the Evidence Act.
  2. Whether the plaintiff established a better title supporting recovery of possession against this defendant.

Held

Result

Appeal dismissed; High Court decree for possession in favour of the plaintiff upheld.

Judgment PDF: Supreme Court of India, [2017] 11 S.C.R. 1029.