MT. JABEDA KHATUN Vs. MOKSED ALI AND OTHERS
HIGH COURT OF GAUHATI
Mt. Jabeda Khatun
Moksed Ali And Others
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Baharul Islam, J. -
(1.) THIS appeal is directed against the Judgment and decree passed by the Assistant District Judge, Dhubri in Title Appeal No. 34 of 1966.
(2.) THE plaintiff brought a suit for declaration that she was one of the heirs of late Noor Mohammad and was entitled to share of the property left by her father. Defendant No. 1 was the "adopted son" and defendant No. 2 was the "domestic son -in -law" of late Noor Mohammad. They filed a written statement. Their material plea was that the entire property had been gifted to them by late Noor Mohammad during his lifetime and therefore the plaintiff had nothing to inherit from her father. Defendants Nos. 3 and 4 also filed written statements and supported the case of defendants 1 and 2. During trial defendants 1 and 2 (who will hereinafter be referred to as 'the defendants') and their witnesses stated that there was a deed of gift. The learned Munsif dismissed (decreed) the plaintiffs suit on the ground that the plaintiff (defendants) had failed to produce the deed of gift. On appeal by the plaintiff (defendants) the Assistant District Judge dismissed the suit and accepted the plea of defendants on the ground that although the plaintiff (defendants) failed to produce the deed of gift, the gift was proved by oral evidence.
(3.) THE only point raised before us by Shri K. P. Sen. learned counsel appearing for the appellant, is that in view of Section 91 of the Evidence Act, the oral evidence of gift adduced by the defendants is not admissible.;
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