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IN THE HIGH COURT OF JHARKHAND AT RANCHI
Anubha Rawat Choudhary
Kishori Sahu – Appellant
Versus
Arun Kumar son of Satyadeo Prasad – Respondent
| Table of Content |
|---|
| 1. claim for title and possession (Para 1 , 2 , 3 , 7 , 8) |
| 2. arguments regarding evidence and presumption (Para 4 , 5 , 6 , 12 , 16) |
| 3. court's findings on family partition and evidence (Para 9 , 10 , 11 , 19 , 20 , 21) |
| 4. appellate court's determination and reasoning (Para 13 , 14 , 15 , 17 , 18) |
| 5. dismissal of appeal and concluding remarks (Para 22 , 23 , 24 , 25) |
JUDGMENT :
Anubha Rawat Choudhary, J.
1. This appeal has been filed against the judgment and decree dated 22.12.2021 passed by learned District Judge VII, Hazaribagh whereby Civil Appeal No. 80 of 2011 has been dismissed. The trial court judgment was passed in Title Suit No. 88 of 2008 by learned Munsiff, Hazaribagh whereby the suit was dismissed. The plaintiff is the appellant before this Court.
2. Learned counsel for the appellant has submitted that the appellant had filed suit for cancellation of sale-deed no. 5740 dated 14.05.1987 and also sale-deed no. 16122 dated 12.04.2003 declaring them as null and void and also for declaration of his right, title, interest and possession in connection with the property covered by the said sale-deeds. The appellant had also prayed that in case the plaintiff is found di
A registered sale deed, while presumptive, does not confer title over property without substantiated evidence of prior ownership and possession.
A document creating a future division of property does not require registration and is admissible; previous partition must be proven by clear evidence to validate a sale deed executed beyond lawful s....
A certified copy of a registered sale deed is deemed a public document under Section 74(2) of the Indian Evidence Act and admissible in evidence as secondary evidence of the public record, according ....
A Sale Deed must be registered to be admissible in evidence, regardless of its historical context or the law in force at the time of execution.
The central legal point established in the judgment is that unregistered and insufficiently stamped documents, even if not covered by specific consequences of non-registration, are inadmissible in ev....
Registered settlement deed proved under Evidence Act Section 68 proviso absent specific denial of execution; certified copy admissible if original lost; partition suit barred without cancelling deed.
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.
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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