Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | First appeal Admission |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | CODE OF CIVIL PROCEDURE, 1908: s. 96 - First appeal - Suit for partition decreed by trial court holding the suit properties as joint family properties relying on the statement made by first defendant in a letter as admissible - High Court reversed the judgment without examining implications of the said letter - Held: Non consideration of the letter by the Division Bench of the High Court, would certainly amount to total misreading of the evidence, while interfering with the judgment of the trial court - Similarly, the Division Bench miserably failed to examine the issue relating to gift as regards the first item of the suit scheduled properties - Though, such a claim was made by defendant, there was no iota of evidence to support the said claim -The ingredients of s. 122 of the Transfer of Property Act relating to gifts were not shown to have been complied with - Judgment of High Court set aside and the judgment and decree of trial court restored - Transfer of Property Act, 1882 - s.122 - 'Gift' - Evidence Act, 1872 - s.17. EVIDENCE ACT, 1872: s. 17 - Admission - In a suit for partition, letter of defendant produced by plaintiff wherein he had stated the suit properties as joint family properties - Held: Once, there admission is in a statement either oral or documentary, onus would shift to the party who made such an admission and it will become an imperative duty on such party to explain it --In the absence of any satisfactory explanation, it will have to be presumed to be true - In the instant case, the letter written by defendant is a statement constituting a tacit admission -- Every ingredient of s. 17 relating to the said document was fully complied with |
Judge | Hon'ble Mr. Justice Fakkir Mohamed Ibrahim Kalifulla |
Neutral Citation | 2013 INSC 411 |
Petitioner | Vathsala Manickavasagam & Ors. |
Respondent | N. Ganesan & Anr. |
SCR | [2013] 7 S.C.R. 320 |
Judgement Date | 2013-07-02 |
Case Number | 1241 |
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