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2012 Supreme(Gau) 651

S.C.DAS
Jahura Begum – Appellant
Versus
Rupjahan Begum – Respondent


Advocates:
Advocate Appeared:
For Appellant/Petitioner/Plaintiff: Mr. A.K. Bhowmik, Sr. Adv. and Mr. R. Datta
For Respondents/Defendant: Mr. Sankar Deb, Sr. Adv. and Mr. S. Datta

JUDGMENT

S.C. Das, J.

1. This second appeal, under Section 100 of the Code of Civil Procedure 1908, was admitted for hearing by order, dated 18.08.2000, passed by this Court on the following substantial questions of law:

1. Whether on the face of Ext. 9 which was admitted in evidence without any objection, containing recital of gift of landed property and delivery of possession of the donor to the donee, the decision of the learned Courts below that the gift was not proved or gift was not valid is sustainable.

2. Whether the findings of the learned Courts below that the Deed of gift (Ext. 9) is void and in-operative for want of acceptance by the donee or for non delivery of possession, is perverse.

Heard learned senior counsel, Mr. A.K. Bhowmik, assisted by learned counsel, Mr. S. Datta for the appellants and learned senior counsel, Mr. Sankar Deb, assisted by Mr. S. Datta for the respdt. No. 1.

2. Respdt. Nos. 2 and 3 have chosen to remain absent.

3. Ulfater Rahman, the predecessor of present appellants (hereinafter mentioned as Plaintiff), instituted Title Suit No. 22/ 1988 in the Court of Civil Judge (Sr. Divn.), South Tripura, Udaipur, against the defendant respondents (hereinafter me



















































































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