AIR 1999 SUPREME COURT 1441 ::1999 AIR SCW 1129 ::1999 (3) ADSC 37 ::1999 SCFBRC 149 ::1999 (1) UJ (SC) 665 ::(2000) 2 CivLJ 119 ::(1999) 1 All RentCas 632 ::1999 (2) CivilCourtC 91 ::1999 (3) SCC 573 ::(1999) 2 Scale 93 ::1999 (2) All CJ 1147 ::1999 (2) CurCC 152 ::1999 (35) All LR 738 ::(1999) 1 AndhWR 263 ::(1999) 2 AndhWR 7 ::(1999) 3 Bom CR 564 ::(1999) 3 ICC 84 ::1999 (2) ICC 658 ::1999 (3) MadLW 576 ::(1999) 1 RentLR 571 ::(1999) 2 SCJ 77 ::1999 (2) LRI 243 ::1999 (3) Supreme 102 ::(1999) 3 Andh LT 1 ::(1999) 3 AndhLD 140 ::1999 (4) SRJ 175 ::(1999) 2 JT 183 (SC)

Supreme Court Of India

(From : Bombay)*

Hon'ble Judge(s): S. Saghir Ahmad, D. P. Wadhwa , JJ

(A) Evidence Act (1 of 1872) , S.114— Adverse inference - Party to suit - Not entering the witness box - Give rise to inference adverse against him. Where a party to the suit does not appear into the witness box and states his own case on oath and does not offer himself to be cross examined by the other side, a presumption would arise that the case set up by him is not correct. In the instant case defendant No. 1 alleged that the sale deed, executed by defendant No. 2 in favour of the plaintiff, was fictitious and the whole transaction was a bogus transactions as only Rs. 500/- were paid as sale consideration to defendant No. 2. But this plea was not supported by defendant No. 1 as he did not enter into the witness box. He did not state the facts pleaded in the written statement on oath in the trial Court and avoided the witness box so that he may not be cross examined. This, by itself, is enough to reject the claim that the transaction of sale between defendant No. 2 and the plaintiff was a bogus transaction.(Para 16 15) (B) Civil P.C. (5 of 1908) , O.8 R.2— Pleadings - Suit for possession - Filed by plaintiff on basis of sale deed in his favour - Possession of property sought from one of the defendants - Said defendant can raise all pleas available to him to d....