(A) Indian Evidence Act, 872 – Section 58 – Code of Civil Procedure, 1908 – Order 8 Rule 5 – Eviction – Title of Property – Plea of tenant that he has purchased the property – Landlord got that property from his father through gift deed – Tenant plea rejected – Held: Plea of registered gift deed. has not been denied by the respondents in their written statement. Order 8 Rule 5 of the CPC, prescribes that every allegation of fact in the plaint if not denied specifically or by necessary implication or stated to be not admitted in the pleadings of the defendant, shall be taken to be admitted except against a person under disability. Similarly, the law of evidence under Section 58 of the Indian Evidence Act lays down that admitted facts need not be proved.
Registered Gift Deed is already proved and therefore, there is no need of proving the Gift Deed by examination of attesting witnesses. The respondents have failed to prove the title of tenant over the suit property. Therefore, the Sale has no value in the eye of law. First appeal court order against landlord set aside. (Para 14, 18)
(B) Indian Evidence Act, 872 – Section 58 – Evidence – Admitted fact – The law of evidence under Section 58 of the Indian Evidence Act lays down that admitted facts need not be proved. (Para 14)
GAUHATI HIGH COURT
2023 STPL(Web) 62 Gauhati
[GAHC010003432013]
Renu Bhuyan Vs. Ananda Saikia And Anr.
RSA 10 of 2013-Decided on 29-8-2023
https://stpllaw.in/wp-content/uploads/2023/09/2023-STPLWeb-62-Gauhati.pdf
