Supreme Court of India
H. V. Nirmala & Anr. v. R. Sharmila & Anr.
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What the Court ordered
We hold that the High Court was right in holding that the plaintiff was able to prove the Will dated 12.03.1980 and that the Will dated 20.05.1995 and the decree dated 25.01.1997 passed in O.S. No.7266 of 1996 are not binding on the plaintiff.
Judgment, page 6
From the headnote
Will: Suit for partition by defendant No. 1 against defendant Nos. 2 and 3 – Based on a Will dated 20.5.1995 – Compromised – Present suit by plaintiff for declaration that the compromise decree w as not binding on her and that she was the lawful owner of the suit sc hedule properties on the basis of Will dated 12.3.1980 – T rial Court dismissed the suit holding that the plaintiff failed to prov e the Will dated 12.3.1980 – High Court decreed the suit – On appeal, he ld: On the facts of the case, plaintiff proved the Will dated 12.3.1980 in accordance with the requirement of s. 68 of Evidence
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