PREMLALL SEAL Vs. BASANTI SEAL

JUDGEMENT

(1.) Mr. Bachawat had raised two questions viz. (i) whether without the pleadings and without any issue being framed and without any evidence being led a new case of family arrangement could be made out by the Court on the basis of a letter of complaint (Ext-J) by the admitted owner against the alleged tenant-licensee being the son of the owner governed under Dayabhaga School of Hindu Law; and (ii) whether Ext-J could create or extinguish any right in favour of such son in respect of property, which is, admittedly, valued more than Rs. 100/- in view of section 17(1)(b) of the Registration Act and could Ext-J be read to contradict the contents of a registered document (Ext-1) having regard to section 91 of the Evidence Act.

(2.) Mr. Sanyal had replied that Ext-J was not a document creating or extinguishing right in immovable property worth above Rs. 100/- but an evidence to the creation of a family arrangement, between members of the family in order to avoid misunderstanding and troubles between themselves and for buying peace, which can very well be made orally in the form of a licence irrevocable without creating any new case not pleaded having regard to the evidence already on record and decided on the basis of the issues framed with regard to which parties had understood each others' case and went to trial in a case of an old Hindu joint family where the sons are treated as part of the family having right to reside in the ancestral home.

(3.) In elaborating their respective submissions, the learned counsel had drawn our attention to the various materials available on record and had elaborated those points through various other submissions, to which we would be making reference at appropriate stages.