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DEVASHIS BARUAH
Sirish Ch. Sarma – Appellant
Versus
Madan Ch. Sarma S/o Lt. Lakhikanta Sarma – Respondent
The instant appeal under Section 100 of the Code of Civil Procedure, 1908 (for short “the Code”) is directed against the judgment and decree dated 07.05.2007 passed by the Court of the learned Civil Judge, Nalbari in Title Appeal No.08/2006 whereby the judgment and decree dated 16.01.2006 passed by the learned Civil Judge (Junior Division) No.2, Nalbari in Title Suit No.05/1995 was affirmed.
2. This Court vide an order dated 23.11.2007 admitted the instant appeal by formulating the following substantial question of law:
3. This Court for the purpose of deciding as to whether the said substantial question of law which has been formulated is involved in the instant appeal, finds it relevant to briefly take note of the facts leading to the filing of the instant appeal.
4. From the materials on record, it reveals that the Respondent herein as plaintiff had ins
A registered sale deed, while presumptive, does not confer title over property without substantiated evidence of prior ownership and possession.
The burden of proof lies with the party claiming specific performance, and the evidence presented must be sufficient to establish legal rights and ownership of the property.
The court affirmed that a registered sale deed establishes title, while failure to comply with statutory notice requirements under tenancy law renders claims voidable.
A will must be proven in accordance with statutory requirements; the presumption for documents over 30 years old does not apply to wills under Indian law.
The central legal point established in the judgment is the requirement for full discharge of burden of proof by the plaintiffs, proper explanation, and fulfillment of evidentiary requirements, especi....
(1) Presumption contemplated under Section 90 of Indian Evidence Act in respect of documents more than 30 years old does not apply to a Will.(2) Second Appeal – Scope of interference in a Second Appe....
The presumption of execution and attestation of a 'WILL' over 30 years old can be drawn under Section 90 of the Indian Evidence Act if produced from proper custody.
The court affirmed that procedural rules should facilitate justice, allowing for the admission of correction deeds and maintaining suits for injunction without a declaration when no cloud on title is....
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