P&H HC | Claim of fraudulently obtaining signature on agreement to sell must be supported with sufficient evidence

Punjab & Haryana HC: The Bench of Raj Mohan Singh, J. dismissed a revision petition on the ground of insufficient evidence but granted liberty to file a fresh revision petition with better particulars.

The present matter pertained to the validity of an agreement of sale executed by petitioner and one Sukhchain Singh, being contested before the lower court. The petitioner’s submission before lower court was that one Girdhari Lal had obtained her signatures on some blank papers and the said agreement of sale was the outcome of such fraud. She filed an application for leading examination of handwriting and fingerprint expert as additional evidence in order to prove the said forgery. However, the trial court dismissed the application on the premise that the petitioner had admitted her signature on the agreement. Comparison of the signature was not sought to be made with any other document. The handwriting and fingerprint expert cannot opine whether the signatures appended on blank papers were prior in point of time or subsequent thereof. Aggrieved by the said order, the instant revision petition was filed.

The Court observed that the petitioner could not furnish any explanation as to how Sukhchain Singh’s signatures came to be appended on an agreement to sell. The story advanced by her was in the context of her signing the blank papers and not by Sukhchain Singh in the presence of any witness. In view thereof, it was held that the impugned order did not suffer from any error of jurisdiction or perversity of any type.[Jaspal Kaur v. Girdhari Lal, 2019 SCC OnLine P&H 56, decided on 15-01-2019]

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