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IN THE HIGH COURT OF JUDICATURE AT MADRAS
K.GOVINDARAJAN THILAKAVADI
Lakshmi Murali – Appellant
Versus
M.Rajan – Respondent
| Table of Content |
|---|
| 1. ownership and challenge to title (Para 3 , 4) |
| 2. legal standing and possessory rights (Para 5 , 13 , 14) |
| 3. burden of proof and limitation issues (Para 6 , 10 , 19) |
| 4. admissibility of will as evidence (Para 7 , 8 , 15 , 18) |
| 5. restoration of trial court's judgment (Para 21 , 22) |
JUDGMENT :
The above second appeals arise out of the judgment and decree dated 10.01.2018 passed in A.S. No.24 of 2014 on the file of the learned 1st Additional District Judge, Thiruvallur, reversing the judgment and decree dated 03.06.2013 in O.S. No.126 of 2010 on the file of the learned Subordinate Judge, Thiruvallur.
3.According to the plaintiff in the above suit, the suit property originally belonged to one Neelammal, the grandmother of the plaintiff by virtue of a sale deed dated 12.06.1975. One Manoharan, father of the plaintiff is the only son of the said Neelammal. The suit property was in possession and enjoyment of Neelammal until her death. She executed a registered Will dated 01.09.1995 bequeathing the suit property in favour of the plaintiff. The said Neelammal died on 16.04.2000. The father of the plaintiff died on 03.03.2005 even during the life time of Neelammal, the suit prope
The court emphasized the necessity of proving a Will's validity and the concept of bona fide purchasers, reiterating that the burden lies on the plaintiff to establish title and possession.
The court affirmed that a Will can be validated under Section 69 of the Indian Evidence Act when attestors are deceased, shifting the burden of proof to the opposing party.
Proper proof of a Will is essential, and Section 90 of the Indian Evidence Act does not apply to a Will.
A will's validity requires proof of execution, with the burden resting on its propounder to eliminate any suspicious circumstances surrounding its execution.
The burden of proof for a Will lies with the propounder, requiring clear evidence against suspicious circumstances surrounding its creation.
A Will's validity can be proved by one attesting witness's credible testimony despite absence of others, and appellate courts must respect trial findings unless proven erroneous.
The main legal point established is that a fraudulent Will cannot be relied upon as evidence, and a compromise memo recognizing ownership rights prevails over subsequent purchasers without valid titl....
In a suit for declaration of title and recovery of possession, the burden lies on the plaintiff to prove title on the strength of his/her own case and he/she cannot rely upon the laches or weaknesses....
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