Mere presence of a document regarding agreement to sell does not mean that it is a proved document. When the document is challenged or its contents are denied, there are certain principles to prove it.

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 In some events the person denying its execution has to prove that it was not executed but in some cases the beneficiary of the document has to prove that it was validly executed. The usual denial from the execution of document is on the grounds

(i) That the document was not executed by the executant. Its signatures and contents are totally denied. Even in some cases, the issuance of stamp paper from the stamp vender is denied.

(ii) In some cases the presence of document is admitted one and its issuance from the stamp vender is also admitted but its contents are denied

(iii) In case of a Parda Nasheen Lady or illiterate person, usually the beneficiary of the document has to prove the document. In some cases the execution of document is admitted but with the version that it was executed under pressure or by inducing undue influence.

(iv) Similarly in some cases the element of fraud is made base for denial of the execution of the document.

C.R . No. 2025 of Vs. 2013 .
Bashir Ahmad . Vs Khadim Hussain
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C.R . No. 2025 of Vs. 2013 .

Bashir Ahmad . Vs Khadim Hussain

2021 LHC 3464