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2010 (10) TMI 909 - SC - Indian LawsInterlineation – Whether interlineation made without attestation is valid – Appellant purchased the land for ₹ 10,000/- on 23/04/1986 and on very next day sold this land for ₹ 10,000/- – Subsequently appellant served a legal notice upon the respondent in the year 1991-1992 demanding the re-conveyance of the said land on the ground that registered sale deed executed dated 24th April, 1986 was a conditional sale deed and appellant had a right to repurchase the land for the same consideration of ₹ 10,000/- within a period of ten years – Appellant had been made interlineation at four places in the sale deed. Word Avadhi had been mentioned at three places in the margin of the sale deed. And The appellant did not attest the said word by putting his signatures at the time of registration – Held that:- Attestation certifies the genuineness of the document. Attestation and execution are different acts, one following the other. Execution includes delivery and signing of the document in the presence of the witnesses and also the whole series of acts or formalities which are necessary to render the document valid. Attestation of sale deed is imperative. In this case animus to attestation remain totally absent. Appellant has made interlineations after the document stood executed. The said additions were made without the consent and knowledge of the respondent. In fact the mind of the respondent did not actuate with his hand while putting his thumb impression on the said sale deed at the time of registration. Thus, the additions so made by the appellant cannot be binding on the respondent. The additions in question are surrounded by the suspicious circumstances of a grave nature and, therefore, the same are required to be ignored. The contract being severable, the terms of contract included by these additions being void, cannot be taken note of – Appeal dismissed.
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