Normally, when execution of a document is either admitted or proved and when no disabling factor or vitiating circumstance is alleged or proved, admission or proof of signature with the necessary formalities, if any, will be proof of execution with knowledge of the contents atleast, prima facie, for the purpose of shifting the burden. If a person denies the execution of a document which contains his signature, he must first explain how the signature happened to be there without actual execution. That may be by getting the signature in a blank paper or under other circumstances which disclose that there was no conscious or voluntary execution. When a person's signature appears at the place" where the "executant would normally sign, the signature may be accepted prima facie as having been put in token of execution. There is the presumption under Section 114 of the Evidence Act that a person only puts signature, in a document in token of execution. Ordinarily, persons do not sign documents without intending to execute them. That is the common course of human conduct or the common course of their public or private business (Sivaramakrishnayya v. Kasiwiswanadham MANU/AP/0212/1956 : A.I.R. 1957 AP 584). If any person wants to rely on any special circumstance, which abrogates the common course of public or private business, he must allege and prove it for the purpose of shifting the burden (Dalchand Mulchand v. Hasanbi - A.I.R. 1938 Nag 153). The question whether a person is a purdanashin lady or an illiterate person who was made to put the signature under vitiating circumstances is a special circumstance to be alleged and proved in order to shift the normal initial burden. Otherwise, when execution is admitted or proved, it is not necessary to prove that the contents of the document were read over and explained (Mahabir Saha v. Haripada Saha - MANU/WB/0084/1982 : A.I.R. 1982 Cal 353).
IN THE HIGH COURT OF KERALA
A.S. No. 202 of 1980
Decided On: 19.06.1990
A. Pathu and Others
Vs.
Katheesa Umma and Others
Vs.
Katheesa Umma and Others
Hon'ble Judges/Coram:
S. Padmanabhan, J.
S. Padmanabhan, J.
Citation:1990(2) KLJ 115
