Accepted the execution as a nominal sale agreement executed in connection with the loan transaction she is entitled to give evidence against this document - Non examination of attestors to the sale agreement - Only loan transaction.

2022(1) LW 598

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Reserved on: 03.12.2021 Pronounced on: 11.01.2022

S.A.No.1266 of 2019 

G.Chandrasekharan, J.

N.Munisamy

...Appellant

Vs.

...Respondent

V.Mohana

PRAYER: Second Appeal is filed under Section 100 of the Code of Civil Procedure, to set aside the judgment and decree, dated 05.08.2019 in the appeal in A.S.No.35 of 2018 on the file of the learned Principal District Judge, Krishnagiri, reversing the Judgment and decree, dated 27.04.2018 in O.S.No.60 of 2012 on the file of the learned Subordinate Judge, Hosur.www play tea

Evidence act, Section 92, exclusion of evidence of oral agreement

Specific performance/sale agreement or

loan

Suit for specific performance Document whether a sale agreement or for loan - Determination of - contrary evidence to document, if can be given

sale agreement was only a document executed in connection with the loan transaction Respondent accepted the execution as a nominal sale agreement executed in connection with the loan transaction she is entitled to give evidence against this document para 29

 No reason given in the sale agreement as to limit of three years for completing the sale Non examination of attestors to the sale agreement, apparent under valuation of the suit property in the sale agreement, admission of P.W.1 that he

Postal No.16

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