Back
SOUMEN SEN, AJOY KUMAR MUKHERJEE
Sudhangshu Sahoo – Appellant
Versus
Kalipada Sahoo – Respondent
JUDGMENT
Ajoy Kumar Mukherjee, J. - (oral) Being aggrieved and dissatisfied with the judgment and decree dated 30th June 2020 passed by the learned District Judge, Paschim Medinipur in the other appeal No. 74/2018, present appeal has been preferred by the appellant. By the impugned judgment learned First Appellate Court was pleased to dismiss the appeal and affirm the judgment and decree dated 7th December, 2017 passed by the Learned Civil Judge (Junior Division), 3rd Court, Paschim Medinipur in connection with Other Suit being No. 151/2017.
2. Plaintiffs case before the Trial Court in a nutshell is that suit property originally belong to Sisir Kumar Sahoo who transferred the suit property by way of registered deed of gift in favour of his wife Gita Rani Sahoo on 13.03.1991 and the name of said transferee Gita Rani Sahoo duly recorded in the L.R. Record of Rights and she also paid government rents. Said Gita Rani Sahoo is mother of both plaintiff and defendant. In 1997-1998 said Gita Rani Sahoo made addition alteration of the property. Defendant is running a grocery shop in the suit property subsequently said Gita Rani Sahoo had transferred suit property in favour of plaintiff on 12
The central legal point established in the judgment is the requirement to prove transfer of interest and permissive possession, and the limitation on becoming an owner by adverse possession if posses....
The main legal point established in the judgment is the validity of gift deeds under the Transfer of Property Act, the Indian Evidence Act, and the inheritance of joint family property under the Hind....
Possession under a void gift cannot lead to acquisition of title by adverse possession.
The burden of proof lies on the person asserting a fact until it is discharged, and no party can travel beyond its pleading.
Presumption as to documents 30 years old – Presumption is with regard to proper execution of document which is 30 years old and not proof of execution thereof.
The presumption under Section 90 of the Indian Evidence Act requires original documents for establishing ownership, and secondary evidence alone is insufficient.
The court reaffirmed the requirement of clear evidence for proving adoption and upheld the validity of a cancelled gift deed due to failure to meet stipulated conditions, emphasizing the necessity of....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
