Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Hindu Law -Properly dispute - Transfer of property |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Hindu Succession Act, 1956 (30 of 1956) Indian Evidence Act, 1872 (1 of 1872) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Hindu Law -Properly dispute - Transfer of property to heirs of daughter objected on the ground that the property was coparcenany -Relationship of parties disputed -Trial Court decreeing the suit - First appellate court setting aside the decree -However, both the courts holding that the relationship between the parties established - High Court appreciating the evidence of defence and holding that the same was not reliable, not being in conformity with s. 50 of Evidence Act- On appeal, held: Decree set aside - Transfer to the heirs of daughter is correct as defence evidence establishing relationship of parties - Defence evidence is admissible being in conformity with s. 50 of Evidence Act - Question of nature of property cannot be gone into by Supreme Court , as no substantial question of law was formulated in that behalf in second appeal - Evidence Act, 1872 -s. 50. Deeds and Documents - Entry in revenue records - Evidentiary value -Held: Such entry is not decisive as to status of the party, but can be used for raising a presumption in respect of possession - Evidence. |
Judge | Hon'ble Mr. Justice S.B. Sinha |
Neutral Citation | 2008 INSC 201 |
Petitioner | Bant Singh & Anr. |
Respondent | Niranjan Singh(d) By Lrs,& Anr. |
SCR | [2008] 2 S.C.R. 1077 |
Judgement Date | 2008-02-15 |
Case Number | 7162 |
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