Supreme Court · 2015 INSC 1 · Decided 5 January 2015

Om Prakash (Dead) TH. His LRS. v. Shanti Devi & ORS.

Court
Supreme Court of India
Citation
2015 INSC 1 · [2015] 1 S.C.R. 277
Case number
CIVIL APPEAL No. 20/2015
Decided
5 January 2015
Bench
ANIL R. DAVE, M.Y. EQBAL, VIKRAMAJIT SEN (3-judge bench)
Outcome
Dismissed
Case type
Civil
Acts & sections cited
Evidence Act Section 90; Transfer of Property Act Section 123; Registration Act Section 123

Headnote

Evidence Act, 1872 - s.90 - Documents thirty years old A B - Proof of execution of document - Presumption - Held: Once c it is satisfactorily proved that the document is thirty years or more in age, s. 90 thereupon dispenses with the formalities of producing the executant and or the attestators courts below decreed suit for mandatory injunction directing the appellant to hand over the possession of the D property, in favour of respondents, though it was contended by the appellant that the said property was gifted to him by the respondent, making him the owner of the property- Before this

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