Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Suit for partition |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
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 decreed by trial court-Execution of gift deed disbelieved-Defendant's appeal allowed-High Court dismissed plaintiff's second appeal holding that there was no 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 deed could not be tendered in evidence-Plaintiff has successfully challenged its execution-No right accrued to defendant under the said gift deed-Findings recorded by High Court to the contrary set aside. |
Judge | N/A |
Neutral Citation | 2000 INSC 392 |
Petitioner | Rosammal Issetheenammal Fernandez (dead) By Lrs. And Ors. |
Respondent | Joosa Mariyan Fernandez And Ors. |
SCR | [2000] Supp. (2) S.C.R. 336 |
Judgement Date | 2000-08-09 |
Case Number | 3037 |
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