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1921 Supreme(Cal) 118
CALCUTTA HIGH COURT
Panton, J., N.R. Chatterjea, J.
Sreemutty Sashimukhi Dasi - Appellant
Versus
Sreemuty Monmohini Dasi & Ors. - Respondent
Decided On : 15-12-1921
Headnote:
Attestation - Deed of Gift - Sections 59, 68 of the Indian Evidence Act - The court found that the attestation of the document, even if considered as a deed of gift, was sufficiently proved based on the evidence of the attesting witnesses and the findings of the District Judge.
Fact of the Case:
The case involves the attestation of a document, which was considered as a deed of gift.
Finding of the Court:
The court found that the attestation of the document, even if considered as a deed of gift, was sufficiently proved based on the evidence of the attesting witnesses and the findings of the District Judge.
Issues: The main issue was whether the attestation of the document, considered as a deed of gift, was sufficiently proved.
Ratio Decidendi: The court relied on the evidence of the attesting witnesses and the findings of the District Judge to conclude that the attestation of the document was sufficiently proved.
Final Decision: The appeal was dismissed with costs.
JUDGMENT
1. Upon the findings arrived at, we think that the attestation of the document, even taking it as a deed of gift, has been sufficiently proved.
2. The attesting witness, who was tailed, stated that he put his name as a witness after the execution of the document; in other words, that he was not an attesting witness. But the District Judge has found upon the evidence that the document was executed in the presence of that witness. The evidence, therefore, of the other witness was relied upon by the learned District Judge not for the purpose of proving execution of the document but for proving that the attesting witness who said that he had not seen the execution did as a matter of fact see it and was an attesting witness. The learned Judge also refers to the evidence of Hem Chandra, another attesting witness, examined at an earlier stage of the suit, namely, when the application for leave to use as a pauper was made.
3. We think, having regard to the findings arrived at, that the document was proved. The appeal must accordingly be dismissed with costs.
4. The Court-fees in this Court will be recovered by Government from the appellant.
