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SANJAY VASHISTH
Bishan Kaur (deceased) – Appellant
Versus
Gurvinder Kaur – Respondent
| Table of Content |
|---|
| 1. condonation of delay in appeal application. (Para 1) |
| 2. claim of fraud based on forged gpa. (Para 2) |
| 3. allegations of forgery and impersonation insufficiently substantiated. (Para 3) |
| 4. concealment of relationship and facts in the suit. (Para 4) |
| 5. claims must be supported by credible evidence, especially in fraud cases. (Para 5) |
| 6. requirements to prove fraud and impersonation. (Para 6) |
| 7. final dismissal of appeal for lack of merit. (Para 7) |
JUDGMENT
Mr. Sanjay Vashisth, J. ( Oral)
CM-2270-C-2020
For the reasons set out in the application, the same is allowed. Consequently, the delay of 154 days in re-filing the accompanying appeal is hereby condoned.
Civil Miscellaneous application stands disposed of.
RSA-729-2020 (O&M)
Present Regular Second Appeal (RSA) has been filed by the plaintiff - Bishan Kaur (deceased) through her LR Amarjit Kaur (appellant herein) against the concurrent findings of dismissal of suit filed by her.
2. Plaintiff filed a suit, seeking a decree of declaration that defendant No.3 - Balvir Singh (respondent No.3 herein) has sold out the land measuring 10K-8M (detailed in paragraph No.2 of the trial Court judgment), on the basis of a forged General P
Registered documents are presumed valid, and the burden of proof for fraud lies on the alleging party, requiring clear and substantial evidence.
The burden of proof rests on the party asserting forgery, and co-ownership entitles plaintiffs to seek declarations without claiming separate possession.
Allegations of fraud in property transfers must be substantiated with specific, credible evidence; failing which claims may be dismissed.
The judgment emphasizes the importance of timely and proper legal action, and the need for plaintiffs to make clear and consistent pleadings to support their claims.
The burden of proof regarding the validity of executory documents lies with the party alleging their legitimacy in property disputes.
The judgment confirms that a suit can challenge forged documents affecting property rights and reaffirms co-sharer rights in joint possession cases.
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