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IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANUBHA RAWAT CHOUDHARY
Urmila Devi, w/o Bansi Yadav – Appellant
Versus
Jagmaniya Devi, W/o Late Ugan Mahto – Respondent
| Table of Content |
|---|
| 1. parties involved in property dispute (Para 1 , 4 , 6 , 8) |
| 2. court's observations on evidence and burden of proof (Para 7 , 10 , 18 , 24 , 33) |
| 3. arguments on date of death and gift deed validity (Para 12 , 16) |
| 4. gift deed execution requirements under law (Para 34 , 40 , 44) |
| 5. final decision of the court on appeal (Para 47 , 48 , 50) |
JUDGMENT :
Anubha Rawat Choudhary, J.
This second appeal has been filed against the judgement dated 23.08.2018 (decree dated 05.09.2018) passed in Civil Appeal No.21 of 2012 by the learned District Judge VI, Garhwa (only to the extent of findings of the learned 1st appellate court wherein it has been held that the deed of gift is not enforceable). The 1st appellate court partly allowed the appeal and set aside the judgment dated 31.07.2012 (decree dated 14.08.2012) passed in Title Suit No.49 of 1999 by the learned Civil Judge (Senior Division IV) Garhwa.
2. The defendants are the appellants before this Court.
3. The suit was filed by the plaintiff Ugan Mahto against Urmila Devi and another defendant seeking a declaration of their right, title with respect to the suit property described in Schedule A. The suit was filed for the following re
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