OM PRAKASH(D) TR.LRS. Vs. SHANTI DEVI & ORS. - Synopsis
Team SoOLEGAL 5 May 2017

As per Supreme Court, Respondent-Plaintiff  was the owner allottee of the property and had parted with possession of the property to the Appellant on a nominal licence basis. The parties are closely related to each other – being brothers-in-law since the Appellant/Defendant was the husband of the Plaintiff’s sister. It had been agreed between them that as and when required by the Plaintiff the Appellant would vacate the property. However, despite the repeated requests the appellant did not accede and therefore suit came to be filed. The Appellant said in his written statement that on 15.05.1970 the Respondent had executed a Gift Deed in his favour, thereby making him the owner of the property. However,Plaintiff has denied execution of the Gift Deed, they may obtain their signatures misrepresentations, essentially admitting his signature on document due to close relationship. As per Apellant the Gift Deed being thirty years old should be taken as having been duly executed. As per Section 90, before any question of presuming a document’s valid execution can emerge, the document must purport and be proved to be thirty years old. After clarifying the Deed in question was tendered in evidence five months prior to having become thirty years old, the Appeal is devoid of merits and dismissed.

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