RADHARMOHAN ALIAS SRIDHAR Vs. HARIBANDHU ATHUA

JUDGEMENT

(1.) REVERSAL of success by the first appellate Court has brought the defendant before this Court.

(2.) IN the present appeal, the controversy relates to the scope, purport and ambit of Section 68 of the Indian Evidence Act, 1872 (in short the 'Act'), and the modalities to be performed before a document required by law to be attested can be used in evidence.

(3.) IN view of these conflicting stands, the trial Court framed seven issues of which issue Nos. 4 and 5 are pivotal issues and the fate of the suit depends on the answer to these two issues. The two issues were whether the deed of gift was illegal, void and tainted with undue influence and whether same had been acted upon. The trial Court held that the deed of gift had been acted upon. Though issue No. 4 related to the legality and validity of the gift deed, no specific conclusion was recorded. However, from the trend of discussion it appears that the same was held to be valid.