Back
GAUHATI HIGH COURT - PRINCIPAL SEAT AT GUWAHATI
Not mentioned, J
BIRENDRA SINGHA and 5 ORS – Appellant
Versus
PREMTON SINGHA – Respondent
| Table of Content |
|---|
| 1. facts concerning the family dispute over land ownership. (Para 2 , 3 , 4 , 5 , 6) |
| 2. arguments regarding proof of fraud and jurisdiction. (Para 8 , 9 , 10 , 11 , 12) |
| 3. court's considerations of evidence and legal standards. (Para 14 , 15 , 16 , 17 , 19 , 21 , 22 , 23) |
| 4. emphasis on the plaintiff's burden of proving fraud. (Para 20) |
| 5. final decision declaring the suit void. (Para 26) |
JUDGMENT AND ORDER (Oral)
Heard Mr. S. K. Ghosh, learned counsel for the appellant. I have also heard Mr. P. K. Deka, learned counsel representing the sole respondent.
3. The facts of the case, in a nutshell, is that the plaintiff is one of the sons of Late Uttar Singha, who had acquired certain shares in his ancestral land on the basis of a deed of family partition. Subsequently, by means of a registered deed of sale dated 15.09.1999 bearing No.1168, Uttar Singha during his lifetime, had transferred land measuring 2 Bighas 8 Kathas and 8 Chataks in favour of his two sons viz., Birendra Singha and Jogendra Singha i.e. the defendant Nos.1 and 2 herein. Asserting that the deed of sale executed by his father in favour of the defendant Nos.1 and 2 is a fraudulent transaction and therefore, li
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
