Citation Text

Gift Deed – Execution – Attestation – Presumption – Indian Evidence Act, 1872 – Sections 68, 69 and 90 – Appellant pleaded for relaxation of thirty year period tendered in evidence of Gift Deed by which time only 29 years 5 months elapsed – Whether or not gift deed being thirty years old be taken as duly executed and attested – No, plea for relaxation cannot be granted – Court could not have relaxed or discounted short fall of seven months – Defendant–Appellant led evidence of himself as DW1 as well as DW2 to DW5 – None of whom were either of attesting witnesses to Gift Deed – It is not clarified if attesting witnesses or either of them also witness before Sub-Registrar – Antiquity of document very raison d’etre for it to be bestowed with curial presumption that signature and every other part of such document is in that person’s handwriting and it was duly executed and attested – Time prerequisite to availing of Court’s discretionary powers not met.