LAW FOR ALL

the opinion of the finger print expert does not bind the Court - no doubt, he has opined after comparing the disputed signatures of plaintiff No.1 with his admitted signatures that they are of plaintiff No.1. But, the opinion of the finger print expert does not bind the Court when the Court is of the considered opinion that there is no necessity to consider the same since it is discretion of the Court to rely upon it or not to come to a just conclusion in given circumstances. In the case on hand also, plaintiff No.1, who said to have executed Ex.B-1, himself has denied execution of the same and the evidence of DWs.1 and 2 is untrustworthy, as such, opinion of the finger print expert which can only be considered for collateral purpose need not be taken into consideration to come to a just conclusion, and therefore, the trial Court rightly did not take the evidence of DW.3 finger print expert into consideration.; ROR proceedings invalid documents cannot be taken into consideration - Coming to Ex.B-3 - ROR proceedings, though it is mentioned in it that on the application of defendant Nos.1 to 3, it was issued, there is no mention about the date of application for mutating their name for the subject property and it also does not show that the required procedure was complied with in doing so. It is also not mentioned that as to on the basis of which document, the ROR authority has deleted the name of plaintiff No.1 and incorporated the names of defendant Nos.1 to 3. Further, though Ex.B-3 shows that their names were incorporated basing on their application (date of which is not mentioned as referred supra) that the subject property is ancestral property and in partition, they got it, the same cannot be accepted since according to Mohammedan Law during the lifetime of father, his children cannot inherit the same, particularly in view of denial of the same by its executant himself. Furthermore, there is no satisfactory material to show as to why there was delay in mutation of the subject property till 20-09-1993 though Ex.B-2 was said to have been executed on 26-09-1982. In the circumstances, this Court is of the view that Ex.B-3 was issued without following due procedure, as such, the same is invalid and therefore, the subsequent documents – Exs.B-4 to B-12, which were issued based on Exs.B-2 and B-3, which are held to be fraudulent and invalid documents, are also invalid and the same cannot be taken into consideration.