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Tuesday, April 13, 2010

SPECIFIC RELIEF ACT, 1963

S.34--Evidence Act, 1872--Expert Evidence--Permanent Injunction--Notice to plaintiff that he stood guarantor by mortgaging his house by deposite of original sale deed as collateral security for repayment of loan--Statement of plaintiff that he never signed documents to create mortgage duly supported by report of hand writing expert and finger print expert--Case of plaintiff that envelop containing original sale deed was left in house of defendant no.2 and in view to defraud him he gave it to defendant no.1 for securing loan--No person examined by defendants to prove that signature were appended by plaintiff in their presence on documents regarding deposit of title deeds--Mere fact that plaintiff did not lodge any complaint against defendant no.2 did not mean that liability could be fastened upon them which was otherwise not proved--Finding of Courts below that plaintiff created mortgage in respect of property in dispute by way of deposit of title dead as collateral security for repayment of loan advance set aside. ; Ranbir Singh & Ors. v. Haryana Financial Corporation & Ors.; 2010(1) Law Herald (P&H) 597
S.34--Permanent Injunction--Challenge to--Hand Writing Expert--Disputed signature appended in 1995--Specimen signature appended in 2001--There could be some variations, between the signatures appended by person, a few year earlier, and the signatures, appended by him after the gap of a few years of his earlier signatures--But, there cannot be complete dissimilarity, on account of the aforesaid reason.; Ranbir Singh & Ors. v. Haryana Financial Corporation & Ors.; 2010(1) Law Herald (P&H) 597