Tula Bewa vs Sarala Debi
2023 Latest Caselaw 7553 Cal

Calcutta High Court (Appellete Side)

Tula Bewa vs Sarala Debi on 5 December, 2023

    22.
05-12-2023
(Ct. no.06)
 debajyoti


                     IN THE HIGH COURT AT CALCUTTA
                         Civil Appellate Jurisdiction
                               APPELLATE SIDE

                                SAT 244 of 2012

                                   Tula Bewa
                                       Vs.
                                   Sarala Debi

              Mr. Musharraf Alam Sk,
              Ms. Susmita Ghorai
                                        ... For the Appellant.



                     Learned advocate for the appellant is directed to
              cure the defects, as pointed out by the Additional Stamp
              Reporter.


                     The appellant's suit for declaration that the
              concerned Deed of Exchange dated August 04, 1992 is
              void and the plaintiff has right, title and interest in
              respect of the suit land, and for consequential injunction,
              was decreed by the learned trial Court. The defendant's
              appeal being OCA No.13 of 2011 was allowed by the
              Additional District Judge, 3rd Court, Malda, by a
              judgment and order dated March 31, 2012. Hence, this
              Second Appeal at the instance of the plaintiff.


                     The appeal will be heard on the following
              substantial points of law:-


                    1)    For that the learned Judge failed to consider
                          that the registration of the purported deed is
                          not completed according to Section 60 of the
                          Indian Registration Act.
                                                               2




    2)    For that the learned Judge ought to have
          appreciated       that   the    present    suit     is
          attracted by Section 101 and Section 104 of
          the Indian Evidence Act and, therefore,
          onus to prove that the purported deed was
          duly executed by the plaintiff/appellant lies
          upon the defendant/respondent.             But the

present defendant/respondent failed to prove the same.

3) For that the learned Judge failed to consider that Section 118 of the Transfer of Property Act was not proved and the plaintiff/appellant here no need to exchange her property with the defendant/respondent.

Call for the records.

Issue usual notices.

(Prasenjit Biswas, J.) (Arijit Banerjee, J.)