KALAWATI DEVI Vs. PARMANAND MANDAL

JUDGEMENT

(1.) Heard learned counsel for the parties. Petitioner is the defendant in Title Suit No. 62 of 2001, which was filed by the opposite parties (sons of Chunni Mandal) for declaration of their title and also for declaration that deeds of gift executed on 21-7-1999 and 25-11-2000 by defendant-Ist party (Chunni Mandal) in favour of his daughter defendant-2nd party (petitioner) was void.

(2.) Petitioner (defendant No. 2) is aggrieved by order dated 6-12-2004 passed in the aforesaid suit, by which the learned Subordinate Judge-1, Purnea rejected her petition dated 11-5-2004 for marking the two deeds of gift as exhibits in the above-mentioned title suit.

(3.) It transpires from the arguments on behalf of the parties as well as from the materials on record that earlier the petitioner (defendant No. 2) had filed a petition in the learned Court below on 20-2-2004 (Annexure-4) for examining the deed writer and on its basis marking the deeds of gift as exhibits, but the said petition was rejected by the learned lower Court on 22-3-2004 (Annexure-6) as D.W. 9, being only the deed writer (Katib of the deeds), cannot prove the gifts and hence liberty was given to the defendant-petitioner to prove the gift deeds according to the provision of Sections 5, 68 of the Indian Evidence Act (hereinafter referred to as 'the Act' for the sake of brevity). It is also apparent that thereafter the executant of the deeds, namely, Chunni Mandal (defendant-Ist party) died on 31-11-2004, but before that he had filed a joint written statement on 16-7-2001 (Annexure-2) along with his daughter (defendant 2nd party-petitioner) in paragraphs 15, 16 and 22 of which it was specifically stated that the suit property was exclusively owned by him, which he gifted to his daughter (defendant No. 2 petitioner by executing the aforesaid deeds of gift, which were also duly registered and she came in exclusive possession of the suit/land as absolute owner thereof.