Supreme Court · 1989 INSC 370 · Decided 1 December 1989
Kalyan Singh, London Trained, Cutter, Johri Bazar, Jaipur v. SMT. Chhoti and ORS.
- Court
- Supreme Court of India
- Citation
- 1989 INSC 370 · [1989] SUPP. 2 S.C.R. 356
- Case number
- CIVIL APPEAL No. 1351/1973
- Decided
- 1 December 1989
- Bench
- SABYASACHI MUKHERJI, K. JAGANNATHA SHETTY, A.M. AHMADI (3-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC; Evidence Act Section 63, 79; Succession Act
Headnote
Indian Succession Act: Will-Execution and validity-Open to court to look into surrounding circumstances brought out in evidence. Civil Procedure Code: Order I Rule 8-Representative Suit­ Permission of court-Mandatory. Indian Evidence Act: Sections 63 and 79-Secondary evidence­ Correctness copy-Necessity of. This case is concerned with a garden with temples and other buildings at Jaipur claimed to be the property of Darjee (Tailors) com­ munity popularly known as 'Bagichi Darjian'. It was claimed by diffe­ rent persons at different intervals on different grounds. One
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