CONSTITUTION OF INDIA. Vs. DADHIBABAN MAHAPRABHU BIJE

JUDGEMENT

(1.) The seminal question that hinges for consideration as to whether a gift deed in favour of a deity requires registration ?

(2.) Plaintiff-petitioner instituted C.S. No.81 of 2014 in the court of the learned Civil Judge (Junior Division), Bargarh, for permanent injunction. The case of the plaintiff is that the suit land had been orally gifted by one Bhajana Sahu Gountia to the plaintiff-deity. He executed a deed of acknowledgement on 21.04.1956.

(3.) The defendant filed written statement denying the assertions made in the plaint. In course of hearing of the suit, the unregistered gift deed dated 21.4.1956 was sought to be exhibited. Defendant filed objection. Learned trial court has assigned the following reasons and rejected the application on 14.9.2016