AI Overview...
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Agreement to Sell Not Examined - Multiple cases highlight the importance of examining the scribe or deed writer to establish the genuineness and execution of an agreement to sell. Failure to examine the scribe leads to doubts about the agreement's validity and can result in the dismissal of claims or reversal of judgments. For instance, in Richhpal Singh VS Sandhura Singh - Punjab and Haryana, the court dismissed the suit because the scribe was not examined despite the agreement being challenged on this ground. Similarly, in Zorawar Singh VS Sarwan Singh - Supreme Court, the absence of the scribe's examination weakened the plaintiff's case, leading to a reversal on appeal. Naib Singh VS Ranjit Singh - Punjab and Haryana and Harbhajan Singh VS Hazur Singh - Punjab and Haryana emphasize that courts have overlooked the necessity of examining the scribe, which undermines the proof of execution. Sumitra Devi VS Ramroop - Punjab and Haryana and Tulli Ram VS Fateh Singh @ Fatehbir - Punjab and Haryana also stress that evidence from the scribe, stamp vendor, and witnesses is crucial for establishing the validity of the agreement.
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Stamp Paper and Formalities - The legality of the agreement is also scrutinized based on whether it was written on regular stamp paper. In Richhpal Singh VS Sandhura Singh - Punjab and Haryana, the agreement was not on regular stamp paper, which impacted its enforceability. In Hitender VS Anita (deceased) through LR Jai Deep - Punjab and Haryana, the use of special adhesive stamps and the manner of execution (e.g., thumb impressions) are examined to determine validity.
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Genuineness and Execution of Agreement - Courts assess whether the agreement was genuinely executed by the parties, considering witness testimony, scribe examination, and other evidence. In Karamjit Singh VS Nazar Singh - Punjab and Haryana, the court found the agreement genuine and decreed specific performance, whereas in Naib Singh VS Ranjit Singh - Punjab and Haryana, the court held that the scribe's examination was unnecessary to prove execution, emphasizing reliance on witness testimony.
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Legal Principles - The courts recognize that the examination of the scribe is critical to establish the authenticity of an agreement to sell, especially under the Specific Relief Act, 1963, Section 20. However, some judgments, like Naib Singh VS Ranjit Singh - Punjab and Haryana, suggest that the scribe's examination may not always be necessary if other evidence suffices.
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Additional Factors - Issues such as mental capacity of the executant (e.g., suffering from seizure epilepsy in Hitender VS Anita (deceased) through LR Jai Deep - Punjab and Haryana) and the manner of execution (e.g., thumb impressions on agreement) are also considered relevant in determining the validity of the agreement.
Analysis and Conclusion:
The consistent theme across these cases is that the examination of the scribe or deed writer is vital for establishing the authenticity of an agreement to sell. Courts tend to reject or doubt agreements where the scribe is not examined, especially when the agreement's genuineness is contested. Formalities such as proper stamp paper and clear execution by parties further reinforce validity. Therefore, for a successful claim of specific performance, it is crucial that the scribe, witnesses, and supporting evidence are thoroughly examined and presented in court.
Search Results for "Agreement to Sell Scribe Not Examined"
2013 0 Supreme(P&H) 235 • India - Punjab and Haryana
T.P.S.Mann
to sell--Suit dismissed on following grounds-- ... (1) Scribe of agreement ... not examined--Appellant withheld, best audience despite it being available. ... ... (2) Agreement is not written on regular stamp paper--On the other ... Even otherwise, the agreement in question had not been written by a regular scribe. Had it been so, such a scribe would have made an endorsement in this regard in his....
2002 3 Supreme 98 • India - Supreme Court
BRIJESH KUMAR, D.P.MOHAPATRA
The deed writer or the scribe, who is said to have prepared the application, has not been examined. ... proved-There was no record of its production-Scribe not examined-Evidence of Sub-Registrar was late and doubtful-D.B. in LPA reversed ... There is an earlier agreement to sell between the defendant No.1 Kankar Singh and vendee-defendants, which unfortunately does not ... The deed writer or the scribe, who is said....
2017 0 Supreme(P&H) 1596 • India - Punjab and Haryana
ANIL KSHETARPAL
The trial court found the agreement to sell genuine and decreed the suit in favor of the plaintiff. ... Specific Performance - Agreement to Sell - Specific Relief Act - Section 20 Fact of the Case: The plaintiff filed ... a suit for specific performance of an agreement to sell a land, alleging that the defendants had executed sale deeds in favor of ... Even the Scribe of the agreement to sell has been examined. Th....
2018 0 Supreme(P&H) 1507 • India - Punjab and Haryana
ANIL KSHETARPAL
Fact of the Case: Plaintiff filed a suit for specific performance of an agreement to sell land. ... The Court also held that the scribe's examination was not necessary to prove the execution of the agreement. ... Issues: The issues revolved around the sufficiency of witness testimony, the necessity of examining the scribe, and the proof ... Learned First Appellate Court has also reversed the judgment of the learned trial Court on the ground that scribe has not been ....
2018 0 Supreme(P&H) 2975 • India - Punjab and Haryana
ANIL KSHETARPAL
Courts have failed to examine the evidence in detail but for referring that Scribe has been examined, the ... courts have over looked that the Scribe has failed to prove that the agreement to sell was executed on 20.7.1984. ... Findings of the court with regard to agreement to sell having been proved by examination of one attesting witness and Scribe found ... In the present case, on reading of the judgments by the courts below, it....
2018 0 Supreme(P&H) 2364 • India - Punjab and Haryana
RITU BAHRI
Specific Relief Act, 1963, S.20 – Agreement to Sell – Specific pperformance – Executant of agreement was suffering from seizure epilepsy ... for getting treatment – Her IQ was such that see cannot understood the intricacies of legal issues – Held, Once the executant was not ... The agreement to sell was not written on regular stamp paper, rather special adhesive stamp is reflected to be affixed on a plaint paper, which is reflected to be purchased by Anita. The appell....
2019 0 Supreme(P&H) 2360 • India - Punjab and Haryana
LISA GILL
Condonation of Delay - Specific Performance of Agreement to Sell - Recovery of Earnest Money - [SPECIFIC PERFORMANCE OF AGREEMENT ... Issues: The issues included the condonation of delay in filing the review application, the execution of the agreement to sell ... The applicant-appellant argued that he was not present in court when the appeal was withdrawn and that he should not be put to hardship ... PW-1 and PW-2, have specifically explained that the scrib....
2012 0 Supreme(P&H) 867 • India - Punjab and Haryana
L.N.MITTAL
papers--Scribe, stamp vendor and attesting witness were examined—Defendant’s evidence not sufficient to rebut evidence of plaintiff ... thumb impressions without going through the contents of agreement--Not a case that his thumb impressions were obtained on blank ... (A) Specific Relief Act, 1963, S.16--Specific Performance--Agreement to sell--Execution of--Defendant contended that he affixed his ... The plaintiff himself appeared in the witness box and has ....
2018 0 Supreme(P&H) 435 • India - Punjab and Haryana
RAMENDRA JAIN
specific performance - agreement to sell - 2010(1) R.C.R.(Civil) 687, Pankajakshi (Dead) through LRs and others v. ... (Civil) 245 - The court discussed the genuineness of the agreement to sell, the execution of the sale deed, and the source of the ... Fact of the Case: The plaintiff filed a suit for specific performance of an agreement to sell an agricultural land. ... Learned counsel for the appellant contends that alleged scribe of the impugned agreemen....
2016 0 Supreme(P&H) 1733 • India - Punjab and Haryana
AMIT RAWAL
Specific Performance - Agreement to Sell - Specific Relief Act, 1963 - Section 20 Fact of the Case: The appellants ... executed a General Power of Attorney in favor of their cousin, who breached the trust and entered into an agreement to sell with ... The agreement was challenged, and the lower courts decreed specific performance of the agreement. ... He further submits that appellants-defendants have not examined the stamp vendor nor the register o....
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