This Second Appeal challenging a title dispute judgment was dismissed at the admission stage. The learned single judge found no perversity in the lower courts' concurrent findings regarding title and evidence compliance.
The Second Appeal is dismissed at the admission stage.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA SECOND APPEAL No.87 of 2011
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Buddhu Turi, S/O Late Hemlal Turi, resident of Village-Nawada, TolaDhawatand, P.S. + P.O. Chandramadih, District-Jamui.
….Defendants-2nd Party-Respondents-Respondents.
====================================================== Appearance : For the Appellant : Mr.Baidya Nath Thakur, Advocate. For the Respondents : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
Patna High Court SA No.87 of 2011(7) dt.20-02-2020
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Patna High Court SA No.87 of 2011(7) dt.20-02-2020 3/6
further case of the plaintiff that the defendant-2nd set has got executed a Sale Deed fraudulently without any consideration in favour of defendant-1st set on the basis of the Sale Deed executed by Jaswa Devi, so called wife of Baso Turi, but in fact Jaswa Devi was a fictitious lady having no concern with Baso Turi and as such the defendants have got no right title over the suit land.
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(i)Whether the Sale Deed dated 30.10.1968 (Ext. B/2) executed by Jaswa Devi in favour of her Vendee is void for want of her Title thereover or not?
(ii)Whether the relationship of wife and husband between Baso Turi and Jaswa Devi can be accepted as proved on oral accounts only without complying with the provisions of Section 50 of the Evidence Act.
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attention with regard to the finding of the learned Trial Court with respect to Issue No. 5 wherein the learned Trial Court has given finding categorically discussing all the oral evidence hold, that Jaswa Devi was the wife of Baso Turi, and has also discussed the deposition of the plaintiff, who himself accepted in cross-examination regarding the status of Jaswa Devi and accepted that defendant has got a Sale Deed executed by Jaswa Devi wife of Baso Turi, and in fact this is an admission of the plaintiff in his deposition and as such once the plaintiff has admitted existence of Jaswa Devi being wife it is need not to be further prove, and since it is a case of defendant that he got Sale Deed executed by Jaswa Devi certainly after death of Baso Turi his wife got valid right to execute Sale Deed and as such question of law formulated by the learned counsel for the appellant with regard to valid right title of Jaswa Devi is answered negative.
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prove existence of status of wife as it appears that the plaintiff himself has admitted saying Most. Jaswa Devi wife of Baso Turi executed a Sale Deed in favour of Baijnath Sah, Suraj Sah and Rohan Sah and as such it need not further any evidence and as such second question answered negative.
(Sudhir Singh, J)
U.K./- U
2 issues framed by the court
Whether the Sale Deed executed by Jaswa Devi is void for want of title?
Whether relationship of marriage between Baso Turi and Jaswa Devi can be proved on oral evidence without complying with Section 50 of the Evidence Act?
2 provisions across 2 enactments
Buddhu Turi
Dhana Devi
Rohan Sah
Rameshwar Sah
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
