A. M. KHANWILKAR, DINESH MAHESHWARI
Rattan Singh – Appellant
Versus
Nirmal Gill – Respondent
The legal document discusses a complex property dispute involving allegations of fraud, forgery, and issues related to the execution and validity of registered documents, specifically a General Power of Attorney (GPA) and sale deeds. The court's analysis emphasizes the presumption of genuineness attached to registered documents and the evidentiary procedures required to challenge them.
Key points include: - The initial burden of proof rests on the party challenging the registered documents, with the presumption of their validity until rebutted (!) (!) . - Expert opinions on signatures are not binding and require corroboration; divergence in expert testimony weakens claims of forgery (!) (!) . - The existence of a long-standing GPA, such as the one from 1963, is presumed genuine due to the period exceeding thirty years, unless successfully challenged with tangible evidence (!) (!) (!) (!) . - The burden shifts if the party alleges fraud or forgery, but such claims must be substantiated with clear, credible evidence, including examination of attesting witnesses or proof of fraudulent conduct (!) (!) (!) (!) . - The standard of proof in civil disputes is preponderance of probabilities, not beyond reasonable doubt, which influences how evidence is evaluated, especially regarding discrepancies and expert opinions (!) (!) (!) . - If a party fails to produce the attesting witnesses or to prove non-execution, the registered documents are deemed valid unless fraud is conclusively established (!) (!) (!) . - The court underscores that discrepancies or contradictions in the evidence, such as the alleged impersonation or address alterations, must be convincingly proved; mere assertions are insufficient (!) (!) (!) (!) . - The document's registration creates a rebuttable presumption of authenticity, which the plaintiff failed to effectively rebut, leading to the conclusion that the disputed documents are valid and binding (!) (!) (!) .
In summary, the court's findings reinforce the importance of adhering to procedural standards for proof, the weight given to registered documents, and the necessity of credible evidence to rebut the presumption of authenticity. The case ultimately clarifies that, without substantive proof of fraud or forgery, registered documents are presumed genuine, and claims based on mere discrepancies or expert opinions lacking corroboration are insufficient to overturn this presumption.
JUDGMENT :
A.M. Khanwilkar, J.
1. Leave granted.
2. These appeals take exception to the common Judgment and decree of the High Court of Punjab and Haryana at Chandigarh,1[for short, “the High Court”], dated 27.05.2019 in R.S.A. Nos. 2901/2012 and 3881/2012, whereby the High Court reversed the concurrent findings of the trial Court and the first appellate Court and decreed the suits of the plaintiff.
3. For convenience, the parties are referred to as per their status in Civil Suit No. 11/2001 before the Court of Civil Judge (Senior Division), Hoshiarpur, 2[for short, “the trial Court”]. The admitted factual position in the present cases is that one Harbans Singh had married Gurbachan Kaur and fathered Joginder Kaur (plaintiff – now deceased) in the wedlock. After the demise of Gurbachan Kaur, Harbans Singh married Piar Kaur and in that wedlock, he fathered Gurdial Singh (defendant No. 3), Rattan Singh (defendant No. 4), Narinder Pal Singh (defendant No. 5) and Surjit Singh (defendant No. 6). Harcharan Kaur (defendant No. 1) is the wife of defendant No. 4 and the step sister-in-law of the plaintiff. Nirmal Gill (respondent herein) is daughter and the legal representative of the plaintiff
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