Supreme Court · 2011 INSC 399 · Decided 13 May 2011
Rangammal v. Kuppuswami & ANR.
- Court
- Supreme Court of India
- Citation
- 2011 INSC 399 · [2011] 6 S.C.R. 835
- Case number
- CIVIL APPEAL No. 562/2003
- Decided
- 13 May 2011
- Bench
- J.M. PANCHAL, GYAN SUDHA MISRA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Evidence Act
Headnote
835 RANGAMMAL v. KUPPUSWAMI & ANR. (Civil Appeal No. 562 of 2003) MAY 13, 2011 [J.M. PANCHAL AND GYAN SUDHA MISRA, JJ.) Evidence Act, 1872: A B s.101 - Burden of proof- Suit for partition - Property of C third person (who later got herself impleaded as defendant no. 2), included in the debts of her deceased mother - D Defendant no. · 2 disputing genuineness of the sale deed - High Court placing the burden on defendant no. 2 that she should have challenged genuineness of the sale deed - HELD: The burden of proving a fact always lies upon the person who asserts - Until
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