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AIR 2017 SUPREME COURT 5559 ::2018 (1) ABR 547
Supreme Court Of India
(From: Bombay)
Hon'ble Judge(s): R. K. Agrawal, Abhay Manohar Sapre , JJ

(A) Specific Relief Act (47 of 1963) , S.34— Suit for recovery of possession - Defendant not disputing plaintiff's title to suit land - Nor raising any objection when sale deed exhibited in evidence - Plea of adverse possession by defendant also not proved - Sale deed duly proved by plaintiff - Plaintiff entitled to decree of possession on basis of sale deed. (Para 21 22 23) (B) Transfer of Property Act (4 of 1882) , S.54, S.123— Sale deed - Attesting witnesses for its execution as required in gift deed, not necessary - Examination of attesting witness to prove execution of document as per S. 68 of Evidence Act - Not applicable to sale deed. Evidence Act (1 of 1872) , S.68— (Para 20) .....

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