Supreme Court · 1961 INSC 62 · Decided 23 February 1961
N. Kasturi v. D. Ponnammal and Others
- Court
- Supreme Court of India
- Citation
- 1961 INSC 62 · [1961] 3 S.C.R. 955
- Case number
- CIVIL APPEAL No. 373/1956
- Decided
- 23 February 1961
- Bench
- P.B. GAJENDRAGADKAR, K.N. WANCHOO (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
Headnote
SUPREME COURT REPORTS 955 1961 This aspect of the matter was completely ignored by the trial court and the appellate court, and so the Jib•• C1"'ndr• High Court was right in correcting the error which had Sarma,Doloi crept irito the concurrent decisions of the courts below. . aJ•• raga "' • class of persons, the onus was on the appellant and not on the respondents to prove the contrary. Failure to put the onus on the appellant introduced a serious· infirmity in the approach adopted by the courts below in dealing with this question.
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