HARI NARAIN PAL Vs. ADDL. DISTRICT JUDGE COURT

JUDGEMENT

(1.) Since both the petitions are related, they are being decided by this common judgment.

(2.) The facts leading to filing of Writ - A No.3013 of 2025 are as under

(3.) In respect of this writ petition, learned counsel for the petitioner argues that for establishing the gift, it was essential that there should be acceptance of gift which has not been established in the present case and thus, Smt. Kamla Devi never became the owner of the property by virtue of the gift deed executed in her favour. He further argues that the appellate Court as well as the prescribed authority erred in rejecting the application for summoning the records from the office of the Sub-Registrar for establishing the factum of gift. He further argues that, in fact, in respect of the execution of a sale deed by Smt. Sandeep Kumar Pal in favour of the petitioner, an FIR was lodged by the son of Smt. Kamla Devi under Sec. 406 and 420 of IPC in which a final report was filed and this fact was not considered by the appellate Court in its right perspective.