Supreme Court · 2000 INSC 392 · Decided 9 August 2000
Rosammal Issetheenammal Fernandez (Dead) BY LRS. and ORS. v. Joosa Mariyan Fernandez and ORS.
- Court
- Supreme Court of India
- Citation
- 2000 INSC 392 · [2000] SUPP. 2 S.C.R. 336
- Case number
- CIVIL APPEAL No. 3037/1991
- Decided
- 9 August 2000
- Bench
- AJAY PRAKASH MISRA, Y.K. SABHARWAL (2-judge bench)
- Outcome
- Case Partly allowed
- Case type
- Civil
- Acts & sections cited
- Evidence Act Section 68; Succession Act
Headnote
Indian Evidence Act, 1872 : S.68, proviso-Suit.for partition-Defendant claiming through gift deed­ Plaintiff alleging the document to have been brought fraudulently-Suit de­ creed by trial court-Execution of gift deed disbelieved-Defendant's appeal allowed-High Court dismissed specific denial by plaintiff and the proviso to s.68 would apply-Held, High Court erred in drawing the inference-There is a clear denial by the plaintiff of execution of the document-None of attesting witness examined­ Execution of gift deed not proved-In view of non-compliance of s.68, gift
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