Vs.

Article 136, 142 – Relief – Case of appellant of encroachment by ~4~ Not found one for interference by the Court – Desp-ite opportunity, no agreement arrived – Decree passed by High Court though not valid, confirmed. Held that decree be modified to the extent that respondent should pay the value of encroached land. Value to be decided by evidence as on the date when second appeal was allowed. For this limited purpose, matter remitted to trial Court.

Evidence Act, 1872

Section 3, 91 – Genuineness of document – Document claimed to be sale-agreement, on piece of white paper and not on non-judicial stamp paper – Affixed with revenue stamp – Signature of executant also not on the stamp – Held that all these circumstances were relevant for deciding the genuineness of document and rejection by lower appellate court should not have been interfered with.(Para 9)