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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 :
D. Dash, J.
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.
The suit is for declaration of his right, title, interest and confirmation of possession over the suit land described in schedule ‘A’ of the plaint and for permanent injunction in the alternative for partition of land in schedule ‘B’ of the plaint. The Appellant was the sole Defendant in the said suit. The Trial Court decreed the suit preliminarily by declaring the Plaintiff to be entitled half share each over schedule ‘A’ and ‘B’ properties. Thi
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