Nothing in endorsement that parties agreed to uphold revision of sale consideration taking into account passage of years in question - No prudent person would have come forward to agree for consenting sale of property for later year for sale price fixed in earlier years - Trial Judge erred in concluding that endorsement found on reverse page of first page of Ex.P1 genuine, same is defective, incorrect,

-Specific Performance - Validity of Endorsement - Appellants alleged that Trial Judge erred in concluding that second endorsement was true and genuine, without properly appreciating evidence adduced on both sides and without correctly applying principles of law regarding burden of proof Whether alleged endorsement is genuine or signature of 1st Defendant found therein is forged

- Held, contents of endorsement are to effect that parties agreed to treat payment of specific sum under Ex.P1 as advance, but stipulation regarding part payment of sale consideration at time of execution of General Power of Attorney under Ex.Pl alone varied - Nothing in endorsement that parties agreed to uphold revision of sale consideration taking into account passage of years in question - No prudent person would have come forward to agree for consenting sale of property for later year for sale price fixed in earlier years Deceased 1st Defendant could not have agreed for making such acknowledgment of liability by signing endorsement without demanding higher payment equivalent to then market value of property as consideration - Respondent failed to discharge his burden of proving endorsement in question to extent of causing shifting of burden and castingburden of disproving same on Defendants - Trial Judge erred in concluding that endorsement found on reverse page of first page of Ex.P1 genuine, same is defective, incorrect, infirm and liable to be interfered with and reversed Endorsement in question not proved to be genuine.

 [G.B. Chakravarthi (since deceased) v. C. Kishanlal)

(P.R. SHIVAKUMAR, J.)

(2016) 2 MLJ 51

LNIND 2016 MAD 118