KOSE BANDHNA URAON Vs. JOGI GUDIL URAON

JUDGEMENT

(1.) The second appeal preferred by the plaintiff was admitted for hearing by formulating the following substantial question of law: -

(2.) The suit property was admittedly held by one Gudil Uraon. He executed a registered gift deed dated 11-7-1959 in favour of Kose and Kandra in respect of his 3.83 acres of land situated at Village Khajuri, Tahsil Samri, District Surguja, now District BalrampurRamanujganj, which they accepted and came into possession of the suit land and partitioned between themselves in the year 1964 and their names were recorded in the revenue records on 18-5- 1971. It is the case of the plaintiff that the defendants being the sons of original holder Gudil Uraon got their names recorded in the revenue records and tried to interfere with his possession which necessitated Kose - plaintiff to file civil suit for declaration of title and permanent injunction which was opposed by the defendants by filing written statement disputing the execution of registered gift deed in favour of the plaintiff and his brother.

(3.) During the course of trial, the original gift deed could not be brought on record, therefore, by the order of the trial Court dated 8-4-1996 by granting the application under Section 65 of the Evidence Act, 1872, the plaintiff was permitted to lead secondary evidence and accordingly, certified copy of the gift deed Ex.P-1C was produced and in order to prove the said certified copy of the gift deed, Assistant Grade-II Mani Shankar (PW-1) from the Office of the Tahsildar, Kusmi was examined to prove the gift deed and it was marked as Ex.P-1C during the course of trial without any demur or objection by the defendants.