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P. B. BALAJI
Madhivanan (Died) – Appellant
Versus
Dhanaraj – Respondent
JUDGMENT :
P.B. BALAJI, J.
PRAYER: The Second Appeal filed under Section 100 of the Civil Procedure Code against the judgment and decree dated 22.01.2015 passed in A.S.No. 4 of 2014 on the file of the III Additional District Judge, Puducherry, reversing the judgment and decree dated 04.02.2014 made in O.S.No. 9 of 2001 on the file of the Principal Subordinate Judge, Puducherry.
1. The Second Appeal has been filed against the judgment and decree dated 22.01.2015 passed in A.S.No. 4 of 2014 on the file of the III Additional District Judge, Puducherry, reversing the judgment and decree dated 04.02.2014 made in O.S.No. 9 of 2001 on the file of the Principal Subordinate Judge, Puducherry.
2. The unsuccessful plaintiffs in a suit for declaration of their title and for recovery of possession of the suit properties from the 1st defendant. The plaintiffs additionally sought for the relief of future mesne profits and also the relief of permanent injunction restraining the 2nd defendant from taking any steps to register the Will with the 3rd defendant, namely the Joint Sub Registrar, Puducherry.
3. The parties are described as per their litigating status before the Trial Court.
4. The plaintiffs su
The presumption under Section 90 of the Indian Evidence Act does not apply to Wills, necessitating proof of execution and attestation by the propounder.
The presumption of execution and attestation of a 'WILL' over 30 years old can be drawn under Section 90 of the Indian Evidence Act if produced from proper custody.
Point of Law - Section 16 (c) of the Act of 1963 provides that specific performance of a contract cannot be enforced in favour of a person who fails to prove that he has performed or has always been ....
A will must be proven in accordance with statutory requirements; the presumption for documents over 30 years old does not apply to wills under Indian law.
(1) Presumption contemplated under Section 90 of Indian Evidence Act in respect of documents more than 30 years old does not apply to a Will.(2) Second Appeal – Scope of interference in a Second Appe....
Exhibiting Wills relies on witness testimony as dictated by Sections 63 and 68 of the Indian Evidence Act; Section 90's applicability is denied for Wills requiring attestation.
Point of Law : Legal position by explaining the rule of per incuriam, relevancy and binding precedent of ratio decidendi laid down in an earlier judgment of co-equal Bench or a larger Bench.
A Will must be proved in accordance with Sections 63(c) and 68 of the Succession Act, and Section 90 of the Evidence Act does not apply to Wills.
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