Law: Code of Criminal Procedure (CrPC), 1898

Section: 115

SUMMARY

Two real brothers having two male children each with confusingly similar names, and tamleek having been made in the said names, have "put the Courts on trial", to identify as to which of the two children are the actual donees of suit property under the registered tamleek deeds. Both the Courts below decreed the suit of the respondents declaring them to be the vendees. Legal question involved is as under: "Whether in the presence of competing claims regarding the identity of the donees, under a registered deed, particularly, when the donor is alive and denying the claimants as the actual donees, the registered deeds can be construed as void or whether it can still be given effect in the light of attending circumstances?" Held that mere denial of a gift or tamleek by the donor even if alive does not ipso facto render a registered deed void, particularly, where its execution stands admitted or is otherwise proven. The Courts must examine not only the content of the document but the context in which the same was executed, inter alia, relationship of donor and donee, absence of fraud, so as to ascertain the identity of the donee.

ORDER