Rajesh
18 March 2013 at 11:59
Background:
In a suit for specific performance of an agreement, as per issues framed by the trial Court , the Burden of Proof is on the Petitioner to prove that he was “ready & willing” on the date fixed ( 31.8.2011) for execution of sale deed as per agreement to sell.
In order to prove this, during his Examination-in chief, the Petitioner has stated in his written affidavit that “on 31.8.2011 deponent/plaintiff came to the office of Sub-Registrar, Dehradoon along with balance amount of Rs.29.00 lakh including the registration of sale deed and expenses of the sale deed and the deponent/plaintiff kept waiting till closing hours of the office of Sub-Registrar, Dehradoon but the defendants did not turn up, so the deponent/plaintiff got his presence marked by way of an affidavit duly attested by the Sub-Registrar-cum-Executive Magistrate, Dehradoon bearing No. 012372 dated 31.8.2011 at Sr.No.69..”
In his above affidavit , the Plaintiff didn’t mention anywhere that on that day he was accompanied with a witness , Mr B his commission agent in the Tehsil complex on 31.8.2011.
In his affidavit submitted during his Examination- in chief , petitioner’s witness Mr B , a commission agent stated that “on 31.8.2011 the deponent came along with the plaintiff in Tehsil complex, Dehradoon for getting the sale deed registered in favour of the plaintiff and the deponent had checked and calculated the amount of Rs.29 lacs lying with the plaintiff.” In this affidavit Mr B didn’t mention anywhere that he had given Rs 29 lakh in cash to the petitioner.
But Mr B , a witness of the Plaintiff submitted an Exhibit a handwritten statement of accounts of his commission agent firm M/s Ram Avataar & Behari Lal on the letterhead of his firm ,prepared in his own hand writing & signed by himself by Mr B as partner of firm mentioning the cash entries showing Rs 29 lakh given in cash in 3 trenches on different dates and similarly received in Cash from the plaintiff in 3 trenches on different dates. Dummy Copy of handwritten Exhibit is enclosed for reference.
Mr B stated that Exhibit shows entries in the page of his Firm account book related to his account with the Plaintiff.
The admissibility of above Exhibit was objected the Hon’ble Judge had kept the objection pending.
Additional Facts relevant to handwritten Exhibit of Mr B:
(a) This Exhibit is not part of examination in Chief Affidavit of witness Mr B.
(b) Doesn’t mention the “date” of issuance .
(c) Handwritten Exhibit prepared & signed by Mr B himself as a partner of Firm and has been submitted as a witness in the court in favour of Plaintiff.
(d) Exhibit was submitted without placing ORIGINAL books of accounts of Firm before the Court. Mr B didn’t submit of his own his form books of accounts.
(e) Exhibit was NOT accompanied with any Certificate from Chartered Accountant of the Firm.
I solicit your expert advice on the following questions/issues:
(a) Since , the Firm of a witness Mr B is into business of lending & borrowing money just like Banks., Whether Firm of Mr B (Commission Agent) , which is in business of lending money to its client , will also be governed by the provisions of Bankers Books Evidence Act or of Evidence Act. While giving copies of statement of accounts of its customers/clients ?
(b) Whether this handwritten Exhibit can be treated /considered as a valid admissible piece of evidence under provisions of the Bankers Books Evidence Act or Evidence Act Which prescribes that entries in passbook or bank entries should be accompanied with a separate Certificate/s from the Bank Manager to the effect of conditions mentioned therein .?
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shas
18 March 2013 at 09:18
Sir,
I am shas from Kerala,
What can we do stop another person passing from my property to his land,Earlier i had signed in a stamp paper allowing him to pass through my property,i have only five cents of land, but now he is claiming 3 foot way to his land through my property,is there any way to stop him from passing through my land, the stamp paper document was not written by a professional person and there were no witness and the paper is not not registered.
dinesh
18 March 2013 at 09:05
There is an agreement of LL of commercial premises which will expire on 31/3.Person X who had given deposit insisted to make agreement in the name of his sister's son working with him as licensee. Now for new agreement to be made for 11 month after expiry.X said to make fresh in his own name(X) and committed to get me letter of vacating premises before signing fresh and told that deposit which he(X) paid vide previous agreement may transferred in his own name.How clause of deposit to be written in fresh?
dinesh
18 March 2013 at 08:46
There is an agreement of LL of commercial premises which will expire on 31/3.Person X who had given deposit insisted to make agreement in the name of his sister's son working with him as licensee. Now for new agreement to be made for 11 month after expiry.X said to make fresh in his own name(X) and committed to get me letter of vacating premises before signing fresh and told that deposit which he(X) paid vide previous agreement may transferred in his own name.How clause of deposit to be written in fresh?
Simpson Emmanuel
17 March 2013 at 18:31
I have a property which i purchased 12 years back and now want to sell it. A prospective buyer is now requesting a legal heir certificate of the previous seller. I did not collect such a document during my purchase. I do not have any contact with the seller and am unable to trace him. Please advice me on the way forward as the transaction is on hold for want of this document
Simpson Emmanuel
17 March 2013 at 18:28
I have a property which i purchased 12 years back and now want to sell it. A prospective buyer is now requesting a legal heir certificate of the previous seller. I did not collect such a document during my purchase. I do not have any contact with the seller and am unable to trace him. Please advice me on the way forward as the transaction is on hold for want of this document
shas
16 March 2013 at 17:59
Sir,
I have a property and i have signed in a stamp paper of 100 rs regarding the easement given to other person, now he is saying that he has the right to go through our property to his, the stamp paper is not registered and the terms were written by a local person who does not have the right to prepare a document, is there any right for other person to walk through our land
Shas
Kerala
SUNIL
15 March 2013 at 15:06
HI TO ALL,
MY QUREY FIND BELOW:
MY NAME IN MY SCHOLL CERTIFCATE IS SUNIL KUMAR, AFTER MY GRADATION I ADD MY SURNAME "SINGH " IN MY NAME. I MAKE VOTER ID CARD , AND DRIVVING LICENSE WITH ADDING MY SURNAME NOW I WANT TO KNOW THAT IS ANY LEGAL DISPUTE WITH THIS ADJUSTMENT. I HAVE PASSPORT & PAN CARD IN THE NAME OF SUNIL KUMAR . sO IS ANY LEGAL PROCEDURE TO RECTIFY THESE MISTAKE. I WANT TO ALL THE FUTURE DOCUMENTS IN THE NAME OF SUNIL KUMAR SINGH
Simpson Emmanuel
15 March 2013 at 11:35
I have a property (House)in chennai which was bought 12 years back. I had decided to sell this property and had received interest from a prospective buyer. During legal review the buyer has requested for a legal heir certificate from the previous owner. I had not collected a legal heir certificate during purchase but had ensured that the seller had signed the document with the entire family during the registration process. But the buyer is still insisting on the same and the deal is on hold due to this reason. I am not in touch with the previous owner and am unable to trace him. Please advice as to what is the way forward
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Gift deed registration .......
Sir,
I want to know whether registration of immovable gifted property is compulsory before 1990 ? (property gifted by mother to daughter)