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BISWAJIT BASU
Sudip Singha Roy – Appellant
Versus
Chhayarani Singha Roy – Respondent
JUDGMENT
1. The instant second miscellaneous appeal is directed against the judgment and decree dated May 26, 2011 passed by the Additional District Judge (Special Court), District-Hooghly in Title Appeal No. 146 of 2008 thereby affirming the order no. 104 dated September 22, 2008 passed by the Additional Court of learned Civil Judge (Junior Division) Chandernagore, District-Hooghly in Miscellaneous Case No. 05 of 2007 arising out of Title Execution Case No. 26 of 1998.
2. The respondent no. 1 filed a suit in the Additional Court of learned Civil Judge (Junior Division), Chandernagore, District-Hooghly being Title Suit No. 170 of 1997 for eviction of the respondent no.2 from the suit property alleging that her husband Rabindra Nath Singha Roy was the owner of the suit property and he bequeathed it to her by a registered deed of gift, the respondent no. 2 was a licensee under her husband without license fees and after his death she permitted the respondent no. 2 to stay in the suit property on the same terms and conditions but on April 15, 1995 such license was revoked and the respondent no. 2 was asked to quit and vacate the suit property which she refused, hence the suit. The respon
The principle of Res Judicata bars a party from relitigating a matter that has already been decided by a court of competent jurisdiction.
(1) Mohammedan Law – Gift (Hiba) – For a valid gift declaration by donor is must – A gift cannot be implied.(2) Amendment of plaint – It is always open to court to allow an amendment if it is of the ....
question of sustaining part of the document to the extent of a part of it, by invoking Section 32 of the Specific Relief Act does not arise. The reason is that impersonation is nothing but a category....
The principle of res judicata does not apply when different issues are raised in separate appeals stemming from the same judgment, warranting a fresh hearing.
The main legal point established is that Section 47 of the Registration Act applies to a registrable document, such as a deed of gift, and the effect of such document relates back to the date of its ....
The principle of res judicata bars re-litigation of matters already decided, confirming that the earlier judgment is binding and the current suit is not maintainable.
A registered gift deed cannot be revoked or cancelled unilaterally without the consent of the donee. Such unilateral cancellation deed does not bind the donee.
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