An attesting witness is not presumed to be aware of the contents of the document and cannot be held bound by its contents.

M.M.Kumar, J.

1. This is plaintiffs appeal filed under Section 100 of the Code of Civil Procedure, 1908 (for brevity the Code) challenging concurrent findings of facts recorded by both the Courts below holding that plaintiff-appellants have failed to prove that the portion of the compound was in joint ownership of Khazan Singh and defendant respondent Budha Singh. It has also been held that plaintiff-appellants failed to examine their vendor Khazan Singh and which would lead to an adverse inference against them. It has been categorically found that defendant-respondent Budha Singh alongwith his brother is exclusive owner of the compound shown as ABCD in red colour in the site plan Ex.P.1 and plaintiff-appellants have no right, title or interest this petition. Accordingly, they are not entitled to interfere in this portion of the compound.

2. Shri B.R. Majan, learned counsel for the plaintiff-appellants has argued that registered sale deed Ex.P1 and P2 dated 19.7.1990 were signed by defendant-respondent Budha Singh as an attesting witness and once he has appended his signature he is bound by its contents also. According to the recitals in the sale deed Ex.P1 and P2 even the stair case is part of the sale transaction and is shown to be sold to the plaintiff-appellant. Therefore, the learned counsel submitted that the stair case would also be deemed to be transferred by the sale deeds Ex.P1 and P2.

3. I have thoughtfully considered the submissions made by the learned counsel and am of the view that there is no merit in this appeal. The afore-mentioned submission has been considered by the ld. Addl. District Judge in the impugned judgment. Relying upon a Division Bench judgment of this Court in the cases of Ram Gopal v. Mohan Lal and Ors., A.I.R. 1960 Pb. 266, and other judgments in the cases of Pandurang Krishnaji v. M. Thukaram and Ors., A.I.R. 1922 P.C. 20 and Si-raj Ud-Din. v. Mr. Rahiman and Ors., A.I.R. 1938 Lah. 978, the Addl. District Judge held as under:

"Plaintiffs Ramesh Chander Sheh Lata are simply relying upon the recital in the sale deeds Ex.Pl and Ex.P2 wherein it has been written that the shop alongwith the stair case is sold to the plaintiffs. It may be mentioned here that in Ex.Pl, Budha Singh was neither party nor attesting witness. However, in Ex.P2, Budha Singh was the marginal witness, but he was not aware of the fact that Khazan Singh had also included stair case, which is situated in the property of Budha Singh, in the sale deed vide which Khazan Singh sold the shop in question to the plaintiffs Ramesh Chander and Sneh Lata and he simply attested this sale deed. By merely attesting sale deed, defendant Budha Singh cannot be held bound by the contents of the sale deed. It has been held by the Division Bench of our own Honble High Court in case Ram Gopal v. Mohan Lal and Ors., A.I.R. 1960 Pb. 266, that mere attestation of a deed does not by itself impute to the attesting witness any knowledge of its contents. So as to make out a case of estoppel against said attesting witness. It has been held by the Privy Counsel in Pandurang Krishnaji v. M. Thukaram and Ors., A.I.R. 1922 P.C. 20 that attestation does not work estoppel Under Section 115 of the Evidence Act. Attestation of a deed by itself estops a man from denying nothing whatsoever excepting that he has witnessed the execution of the deed. It conveys, neither directly nor by implication any knowledge of the contents of the documents and it ought not to be put forward alone for the purpose of establishing that a man consented to the transaction which the document effect. The same view has been taken by our own Honble High Court in case Si-raj Ud-Din. v. Mr. Rahiman and Ors., A.I.R. 1938 Lah. 978 that non parties to transaction are not bound by it even if they are relatives of transferor and have not protected against it or attested the deed as a marginal witness. So it does not work as estoppel against them. The attesting witness signing the document