Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1872-Section 68 Indian Evidence Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Indian Evidence Act, 1872-Section 68-Will-Proof of execution of- Burden of proof lies on propounder to prove competence of testator and execution of will in the manner contemplated by !aw-preponderance of probabilities and shifting of onus-suspicion or unnatural circumstances attaching to a will have to be explained but assumed suspicion or supposition cannot disprove a will-Relationship and status of persons setting up and disputing will and pleadings, are relevant and significant-Held, on facts, the will is proved-Indian Succession Act, 1925-Section 63. Section 3- 'Proved', 'Not proved' (in relation to will)-Meaning of. Sections 11, 13 and 35-Finding upholding due execution of the same will by court in a different suit between same parties relating to a different property is relevant evidence.One B Executed a registered will in favour of her sister's daughter bequeathing four properties including the suit property. B died a day after the execution. C transferred her title and possession of the property to appellant under a registered sale deed for a consideration of Rs. 5000. Defendant claimed title to the property. The appellant filed a suit in trial court against the defendant for declaration of title to the property and for recovery of possession. The defendant pleaded that the suit property was orally gifted to her by one BK and that she acquired the title by adverse possession. The trial court dismissed the suit of the appellant on the finding that the will executed by B was not proved. The finding of the trial court was affirmed by appellate court. High Court attributed various suspicious circumstances centring around the execution of the will and dismissed the appeal of the appellant even though the defendant gave up the plea of acquisition of title by adverse possession and conceded that the title in the property vested with B and the sale deed executed by C in favour of the appellant was proved. In appeal to this Court, the appellant contended that the execution of the will should be treated like any other issue of fact even though certain additional relevant considerations to be taken; that the evidence relating to execution of will should not be seen with suspicion and doubt; that the burden of proof relating to the execution of will should be seen in the background of relationship and status of the parties; that the appellate court and the High Court in a different suit proceeding among the same parties relating to another property under the same will, held that the will has been adequately proved; and that the said decision of the courts would constitute res judicata for the present case. The defendant contended that the concurrent finding of facts arrived at by the courts below should not be interfered with; that the previous suit- proceedings related to a different property and was based on landlord-tenant relationship; and that such finding would not constitute res judicata in the present case. |
Judge | Honble Mr. Justice R.C. Lahoti |
Neutral Citation | 2002 INSC 14 |
Petitioner | Madhukar D. Shende |
Respondent | Tarabai Aba Shedage |
SCR | [2002] 1 S.C.R. 132 |
Judgement Date | 2002-01-09 |
Case Number | 110 |
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