Supreme Court · 2010 INSC 328 · Decided 17 May 2010
Bharatha Matha & ANR. v. R. Vijaya Renganathan & ORS.
- Court
- Supreme Court of India
- Citation
- 2010 INSC 328 · [2010] 7 S.C.R. 154
- Case number
- CIVIL APPEAL No. 7108/2003
- Decided
- 17 May 2010
- Bench
- B.S. CHAUHAN, SWATANTER KUMAR (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC Section 100; Evidence Act; Transfer of Property Act Section 52; Hindu Marriage Act Section 5, 16
Headnote
Code of Civil Procedure, 1908 c s. 100 - Second appeal - Scope of - High Court setting aside the concurrent finding of fact recorded by both the courts below that in view of the fact that husband of the defendant was alive at the relevant time, marriage between her and the brother of plaintiff High Court 0 re-appreciated the documentary evidence, and did not take into consideration the evidence of plaintiff's witnesses which had been relied upon by courts below, but decided on the presumption of marriage only placing reliance on the evidence of DW-1 who had been disbelieved by the
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