GIVINDA DAS Vs. ROBANBALA DAS

JUDGEMENT

(1.) Heard Mr. P.S.Deka, learned Counsel for the appellant and Mr. N. Chakravorty (Junior), learned Counsel for the respondent.

(2.) This second appeal impugns the judgment and decree dated 12-2-98 passed by the learned District Judge, Nalbari in T. S. No. 19/97 allowing the appeal preferred by the defendant/respondent and thereby setting aside the judgment and decree dated 9-9-97 passed by the learned Civil Judge (Jr. Division), Nalbari in T. S. No. 4/92 wherein the suit was decreed in favour of the plaintiff/appellant declaring his right, title and interest over 10 lechas of land with joint possession thereupon.

(3.) At the time of admission of this appeal on 17-6-98, the following substantial questions of law were formulated: (1) Whether the learned Court below failed to consider Sections 8 and 14 of the Hindu Succession Act, 1956, in the matter of succession to property and Women's absolute right over the inherited property? (2) Whether Ex.1, the deed of gift, and the mutation of name of appellant in the zamabandi are proof of title of the appellant over 10 lechas of suit land? (3) Whether the said deed of gift, Ext. 1 was completed as per provision of Sections 122 and 123 of the Transfer of Property Act, 1882?