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HIGH COURT OF TRIPURA, AGARTALA
BISWAJIT PALIT
Gour Gopal Saha, S/o- Lt. Hari Mohan Saha – Appellant
Versus
Asmita Saha, D/o. Sri Nitai Lal Saha – Respondent
JUDGMENT :
BISWAJIT PALIT, J.
This appeal is preferred under Section 96 of CPC challenging the judgment dated 09.03.2021 and decree dated 15.03.2021 delivered by Learned Civil Judge, Senior Division, Court No.2, Udaipur, Gomati District in connection with case No.T.S.38 of 2016.
02. Heard Learned Counsel, Mr. Suman Bhattacharjee appearing on behalf of the appellant-defendant No.1(ii) and also heard Learned Senior Counsel, Mr. B. N. Majumder assisted by Learned Counsel Mr. K. Deb, Mr. E. Debbarma and Ms. R. Majumder appearing on behalf of the respondent-plaintiff. Learned Counsel, Mr. B. Banerjee also appeared on behalf of the respondent-defendant Nos.1(iii)-(vii).
03. Before proceeding with the merit of the appeal, let us discuss about the subject matter of the dispute amongst the rival parties. The respondent-plaintiff filed one suit for declaration and recovery of possession of the suit land measuring 0.084 acres appertaining to Khatian No.1870 under Mouja- Udaipur as described in the schedule of the plaint before the Court of Learned Civil Judge (Sr. Div.). The respondent-plaintiff, being a minor instituted the suit through her father before the Learned Trial Court Sri Nitai Lal Sah
The court affirmed the validity of a gift deed executed by a minor's grandmother, ruling it was properly attested and accepted by the minor's father as her natural guardian.
Section 111 of Evidence Act States as proof of good faith in transactions where one party is in relation of active confidence.
Point of Law : Essential conditions of a valid attestation under Section 3 of Act are : (1) two or more witnesses have seen the executant sign instrument or have received from him a personal acknowle....
The court upheld the validity of a registered deed of gift, emphasizing that the Defendant's signature estopped him from disputing its execution, while also dismissing claims based on an unregistered....
The central legal point established in the judgment is the importance of proper execution and attestation of gift deeds, the reversal of onus in cases of undue influence, and the need to consider the....
(1) Appellant has failed to make out a case for production of additional evidence.(2) It is well settled that the onus to prove a Will is on the propounder.(3) No assertion as to from which point of ....
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