OM PRAKASH (DEAD) TH. HIS LRS. versus SHANTI DEVI & ORS.

OM PRAKASH (DEAD) TH. HIS LRS. versus SHANTI DEVI & ORS.

The appellant failed to prove due execution and attestation of the Gift Deed as required by law; notably, Section 90's presumption cannot be invoked unless the document is thirty years old at the time of tendering in evidence, which was not the case here as the Gift Deed was tendered about twenty-nine and a half years after execution. Thus, the appellant could not derive the benefit of Section 90, and the findings of the lower courts, dismissing his claim, were affirmed.

Parties
Appellant/defendant: Om Prakash (Dead) through his LRs; Respondent/plaintiff: Shanti Devi & Ors.
Jurisdiction
India
Judgment Date
05 January 2015
Procedural Posture
Civil Appeal / Supreme Court Decision on Appeal From High Court Judgment
Outcome
Appeal dismissed
Legal Topics
Proof of Documents, Presumption as to Documents Thirty Years Old, Gifts of Immovable Property, Mandatory Injunction
Evidence Property Law Proof of Documents Presumption as to Documents Thirty Years Old Gifts of Immovable Property Mandatory Injunction

Case Brief

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Parties

Om Prakash (Dead) through his LRs

Appellant/defendant

Shanti Devi & Ors.

Respondent/plaintiff

Procedural Posture

Civil Appeal / Supreme Court Decision on Appeal From High Court Judgment

Legal Issues

  1. 1 Whether the appellant could rely on Section 90 of the Evidence Act to prove the Gift Deed as thirty years old
  2. 2 Whether the Gift Deed was duly proved as required by law for documents required to be attested

Ratio Decidendi

The appellant failed to prove due execution and attestation of the Gift Deed as required by law; notably, Section 90's presumption cannot be invoked unless the document is thirty years old at the time of tendering in evidence, which was not the case here as the Gift Deed was tendered about twenty-nine and a half years after execution. Thus, the appellant could not derive the benefit of Section 90, and the findings of the lower courts, dismissing his claim, were affirmed.

Court Disposition

Appeal dismissed

Orders

  • Interim Order is recalled.
  • No costs imposed.