ISSUE:
Whether is it necessary for a person to examine his vendor and attesting witnesses to prove his title to a suit property when there is a registered sale deed executed by the vendor in his favor?
Whether Section 68 of the Indian Evidence Act, of 1872 applies to a sale deed?
RULE:
The execution of a sale deed does not require attestation by witnesses, unlike a gift deed, which must have at least two attesting witnesses present at the time of execution, according to Section 123 of the Transfer of Property Act, of 1882.
Additionally, Section 68 of the Evidence Act, of 1872, which pertains to the examination of attesting witnesses to prove the execution of a document, does not apply to sale deeds, as these are governed by Section 54 of the Transfer of Property Act.