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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
SANJEEV KUMAR SHARMA
Md. Shafiqur Rahman Choudhury S/O Late Haji Ahmed Ali Choudhury – Appellant
Versus
Md. Baharul Islam Choudhury S/O Late Assadar Ali Choudhury – Respondent
JUDGMENT :
Sanjeev Kumar Sharma, J.
Heard Mr. B. Malakar, learned counsel for the appellants. None appears for the respondents.
2. This Regular Second Appeal has been preferred against the impugned Judgment & Decree dated 16.06.2009, passed by the learned Addl. District Judge, FTC, Karimganj in Title Appeal No. 6 of 2005, allowing the appeal and thereby reversing the Judgment & Decree dated 09.07.2002 passed by the learned Civil Judge, Junior Division-I, Karimganj, in Title Suit No. 180/1999, by which the suit of the plaintiff/present respondents was dismissed.
3. The facts leading to the present second appeal may be briefly outlined. The present respondents had instituted a suit against the present appellants before the Court of the learned Civil Judge, Junior Division, Karimganj, seeking declaration of their landholder right and confirmation of possession over the scheduled land (hereinafter referred to as the Suit Land), along with consequential relief of permanent injunction as well as cancellation of the document described in Schedule-2 to the plaint, i.e., a Sale Deed alleged to be executed by the plaintiffs in favour of the defendants.
4. It was the case of the plaintiffs that th
Sale deeds must be proved by the signature of the executant as per Section 67 of the Evidence Act, and cannot be admitted without such proof, under Section 91, rendering erroneous decisions based on ....
The main legal point established in the judgment is the presumption of genuineness attached to a registered document and the burden of proof in challenging its validity.
(1) An agreement without consideration is void but if a document is registered on account of natural love and affection between parties standing in a near relation to each other, then such an agreeme....
The First Appellate Court must independently assess evidence and provide detailed findings on all relevant issues, failing which its decision is unsustainable.
A registered sale deed is presumed genuine, and the burden of proof lies on the party denying its execution, as per the provisions of the Evidence Act and Transfer of Property Act.
The court ruled that while a certified copy of a sale deed is admissible as secondary evidence, it does not suffice to prove the execution of the deed, which must demonstrate intention and legal vali....
The burden of proof in civil trials must be borne by the plaintiff, who must substantiate allegations of fraud with appropriate evidence and particulars.
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