Supreme Court · 2018 INSC 60 · Decided 25 January 2018
H. V. Nirmala & ANR. v. R. Sharmila & ANR.
- Court
- Supreme Court of India
- Citation
- 2018 INSC 60 · [2018] 1 S.C.R. 347
- Case number
- CIVIL APPEAL No. 881/2018
- Decided
- 25 January 2018
- Bench
- R.K. AGRAWAL, ABHAY MANOHAR SAPRE (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- Evidence Act Section 68
Headnote
Will: Suit for partition by defendant No. 1 against defendant Nos. 2 and 3 - Based on a Will dated 20.5.1995 - Compromised - Present suit by plaintiff for declaration that the compromise decree was not binding on her and that she was the lawful owner of the suit schedule dismissed the suit holding that the plaintiff failed to prove the Will dated 12.3.1980 - High Court decreed the suit - On appeal, held: On the facts of the case, plaintiff proved the Will dated 12.3.1980 in accordance with the requirement of s. 68 of Evidence Act - Since the
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