RATTAN SINGH & ORS. versus NIRMAL GILL & ORS. ETC.

RATTAN SINGH & ORS. versus NIRMAL GILL & ORS. ETC.

The registered 1990 GPA and sale deeds were prima facie genuine; the plaintiff failed to rebut the presumption by producing tangible, credible evidence of fraud or impersonation; attesting witness, scribe and independent witnesses corroborated execution; divergent expert opinions did not establish forgery; since fraud was not proved, Section 17 Limitation Act did not apply and the suits were time-barred; therefore the High Court erred in reversing concurrent findings of trial and first appellate courts.

Parties
Appellants: Rattan Singh & Ors.; Respondents: Nirmal Gill & Ors.
Jurisdiction
India
Judgment Date
16 November 2020
Procedural Posture
Civil Appeal / Appeal to Supreme Court From High Court Judgment in Second Appeal Reversing Trial and First Appellate Courts
Outcome
Appeals allowed
Legal Topics
Fraud in Execution of Documents, Proof of Execution and Attestation, General Power of Attorney, Presumption as to Registered Documents, Burden of Proof, Expert Opinion on Handwriting
Evidence Property Law Limitation Civil Procedure Fraud in Execution of Documents Proof of Execution and Attestation General Power of Attorney Presumption as to Registered Documents +2 more

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Parties

Rattan Singh & Ors.

Appellants

Nirmal Gill & Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal to Supreme Court From High Court Judgment in Second Appeal Reversing Trial and First Appellate Courts

Legal Issues

  1. 1 Whether the 1990 GPA and sale deeds dated 29.06.1990 and 03.07.1990 were products of fraud/forgery or were executed by the plaintiff herself
  2. 2 On whom the burden of proof lay and whether it shifted
  3. 3 Whether suits were within limitation under Section 17 Limitation Act

Ratio Decidendi

The registered 1990 GPA and sale deeds were prima facie genuine; the plaintiff failed to rebut the presumption by producing tangible, credible evidence of fraud or impersonation; attesting witness, scribe and independent witnesses corroborated execution; divergent expert opinions did not establish forgery; since fraud was not proved, Section 17 Limitation Act did not apply and the suits were time-barred; therefore the High Court erred in reversing concurrent findings of trial and first appellate courts.

Court Disposition

Appeals allowed

Orders

  • Impugned judgment and decree of the High Court set aside
  • Judgment and decree of the first appellate Court restored