Supreme Court of India
V. Prabhakara v. Basavaraj K. (dead) by Lr. & Anr.
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What the Court ordered
For the reasons aforesaid, we have no hesitation in holding that the judgment and decree of the Appellate Court rendered i n RFA No. 692 of 2004 as confirmed in R.P. No.279 of 2007 is required to be set aside.
Judgment, page 19
From the headnote
Will – Indian Succession Act – s.63 – Evidence Act – s.68 – Code of Civil Procedure, 1908 – s.96 – Suit for dec laration and possession of suit property – Appellant claimed title over the property on the basis of registered Will (Ext.P4) executed b y the owner – Respondents admitted execution of Ext.P4, however sought dismi ssal of suit in view of a subsequent unregistered Will (Ext.D1), allegedly executed by the owner in favour of respondent no.2 (m inor son of respondent no.1-erstwhile brother-in-law of the app ellant) – Suit decreed by trial court – First Appellate Court dismissed the suit
Authorities it was built on
- 1991 K. Veeraswami v. Union of India and Others
- 2008 Bachhaj Nahar v. Nilima Mandal & Anr.
- 1950 Sarju Pershad v. Raja Jwaleshwari Pratap Narain Singh
- 1969 Narayanibai v. State of Maharashtra & Ors.
- 1965 Bhagwati Prasad v. Shri Chandramaul
- 2008 Jagdish Singh v. Madhuri Devi
- 2006 Joseph Antony Lazarus (dead) by Lrs. v. A.J. Francis
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