C.B.BHARGAVA
GHANSILAL – Appellant
Versus
BHURIDEVI – Respondent
C. B. BHARGAVA, J.
( 1 ) THIS is a second appeal by the defendant against the judgment and decree of the learned District Judge, Jaipur City.
( 2 ) MST. Bhuridevi plaintiff filed a suit for ejectment of the defendant from immovable property described in paragraph 1 of the plaint. She claimed title to the property on the basis of a registered gift-deed executed by her father on 11th july, 1955 in her favour.
( 3 ) THE suit was dismissed by the trial court on the ground that the gift-deed was not proved to have been validly executed. The District Judge in appeal reversed that finding and held that the registration and execution of the gift-deed was proved.
( 4 ) THE plea which needs to be referred is that which is contained in paragraph 2 of the written statement viz;
"para 2 of the plaint is denied, and the plaintiff is put to the proof of the facts stated therein. Plaintiff must prove that a legal and valid gift has been made to her. "
( 5 ) THE learned Judge, in my view, was wrong in holding that there was no specific denial of the execution of the document within the meaning of the proviso to section 68 of the Indian Evidence Act. The defendant not only denied the exec
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