1. When a document clearly speaks for the exchange of land that document cannot be declared otherwise merely on the basis of oral evidence — On the basis of oral evidence, it could not be said that what was the nature of transaction. Raja Muhammad Saeed Khan v. Sardar Khani Zaman Khan and 11 others 2006 SCR 271 (C)
  2. Oral evidence cannot exclude the documentary evidence — A document can be rebutted only by the documentary evidence. Raja M. Saeed Khan v. Sr. Khani Zaman Khan 2006 SCR 271 (E)
  3. While determining the question regarding transaction whether it was sale or exchange, the Court has to take into consideration the face value of transaction — One has to prove it through cogent and solid evidence that the nature of transaction was in fact not what was recorded in the document. Raja M. Saeed Khan v. Sardar Khani Zaman Khan and 11 others 2006 SCR 271 (F)
error: Content is protected !!