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IN THE HIGH COURT OF ORISSA : CUTTACK
D.DASH
Satya Jena – Appellant
Versus
Basistha Jena – Respondent
| Table of Content |
|---|
| 1. establishes ownership and claims over property. (Para 1 , 3 , 4) |
| 2. analysis of evidentiary requirements for gift deed execution. (Para 5 , 7 , 12 , 16 , 18 , 19) |
| 3. debate on the validity of the gift deed and unregistered will. (Para 10 , 11) |
| 4. legal implications of non-framing of issues. (Para 17 , 21) |
| 5. final dismissal of the appeal. (Para 22) |
JUDGMENT :
The Appellant, by filing this Appeal, under Section-100 of the Code of Civil Procedure, 1908 (for short, ‘the Code’) has assailed the judgment and preliminary decree passed by the learned District Judge, Bolangir in RFA No.9 of 2016. The Respondent as the Plaintiff had filed T.S. No.42 of 1998 in the Court of the learned Civil Judge (Junior Division), Loisingha.
2. For the sake of convenience, in order to avoid confusion and bring in clarity, the parties hereinafter have been referred to, as they have been arraigned in the Trial Court.
4. The Defendant coming forward to contest the suit in his written statement while not disputing the relationship and the fact that the property originally belonged to Netra Jena stated that the suit land was never partitioned at any point of time between the himself and the Plaintiff
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