JUDGMENT (ORAL)

This second appeal has been filed against the judgment/decree dated 05.08.2023 passed by District Judge, Dehradun in Civil Appeal No.80 of 2022, “Nitin Sharma vs. Vipin Sharma & another”, whereby the judgment/decree dated 23.05.2022 passed by the Civil Judge, (J.D.) Dehradun in OS No.268 of 2018 decreeing the suit of the respondent no.1/plaintiff for possession and recovery of damages, has been upheld.

2. Heard learned counsel for the parties on the admission.

3. Learned counsel for the appellant/defendant would submit that the substantial questions of law, framed in the memo of appeal, would arise for consideration in the present appeal.

4. For the sake of convenience, substantial questions of law framed in the memo of appeal are extracted as under:—

“(A) Whether in the absence of proof of contents of alleged gift deed dated 22.09.2017 by the plaintiff as per law being basis of the suit, impugned judgments could sustain being passed in express ignorance of Section 90A of Evidence Act, 1872.

(B) Whether once alleged gift deed is dated 22.09.2017 based on which suit was instituted on 02.07.2018 which is a fact borne from the record, the judgment of learned trial C