K.C. Mahadevaiah Vs Thulasamma
.... ing was contrary to law declared by Hon'ble Supreme Court in Thulasidhara and Anr. v. Narayanappa and Ors. , reported in 2019 (6) SCC 409 and Venkatasubramaniya Chettiar (Died) and Ors. v. Perumal Chettiar and Ors ., reported in 2012 SCC OnLine Mad 1019 , for proposition that a document in ...
Karnataka High Court At Bengaluru
Uma Shanker Sharma And Another Vs Mihilal Sharma And 3 Others
.... tiff. The suit was filed under Section 31 of the Act, 1963 which, unlike Section 34, does not contain any such proviso requiring claim of any further relief. Meaning thereby, once a sale deed is adjudged to be void or voidable or is cancelled by the civil court, no further reliefs would be requi ...
Allahabad High Court
Ambika Prasad @ Ambika Prasad Pandey And 2 Others Vs Shyam Bihari And 4 Others
.... ing becomes in such cases a matter of the court's conscience and then the true question which arises for consideration is whether the evidence led by the pro- pounder of the will is such as to satisfy the conscience of the court that the will was duly executed by the testator. It is impossible t ...
Allahabad High Court (Lucknow Bench)
Musst Asia Khatun Vs Patrik Urang And 4 Ors
.... wn by the parties interested in the property. The plaintiff is bound to prove his title as also possession within 12 years and once the plaintiff proves his title, the burden shifts on the defendant to establish that he has perfected his title by adverse possession. Claim by adverse possession h ...
Gauhati High Court
Angadi Chandranna Vs Shankar & Ors
.... ds and not out of joint family nucleus that was available. That apart, while considering the term ‘nucleus’ it should always be borne in mind that such nucleus has to be established as a matter of fact and the existence of such nucleus cannot normally be presumed or assumed on probabilities. Thi ...
Supreme Court Of India
Rajendhiran Vs Muthaiammal @ Muthayee & Ors
.... ayed for? (iii). Whether the husband of the 1st plaintiff executed a will on 16.07.2003? (iv). Whether the 2nd plaintiff is the legal heir of the deceased Arunachalam? (v). Whether the suit is bad for non-joinder of necessary parties? (vi). To what other relief? ...
Supreme Court Of India
R. Nagaraj (Dead) Through Lrs. And Another Vs Rajmani And Others
.... in the time but the defendant takes plea that the plaintiff was aware of the necessary facts to file the suit prior to the date when he admits in the plaint such knowledge of facts then it is for the defendant to allege and prove that the plaintiff had such knowledge prior to the period from whic ...
Supreme Court Of India
Sandip Aniruddh Jadhav And Another Vs State Of Maharashtra And Others
.... Commissioner, Aurangabad, dated 21/10/2013, petitioners herein have filed Appeal before the Minister under Section 249(2) of the MLR Code, which according to him is not maintainable. It is his contention that since petitioners were not party to the proceedings before all the authorities, they di ...
Bombay High Court (Aurangabad Bench)
N.P. Saseendran Vs N.P. Ponnamma & Ors
.... a Will in substance and effect; but as was held in Mahadeva Iyer v. Sankarasubramania Iyer, if an instrument is a deed in form, in order to hold that it is testamentary or in the nature of a Will, there must be something very special in the case; and unless there are circumstances which compel ...
Supreme Court Of India
Naganna (Dead) By Lrs./ Smt. Devamma & Ors Vs Siddaramegowda (Since Deceased) By Lrs. & Ors
.... esumption in favour of the Respondent No. 1. The counsel also submitted that the Appellant had filed a suit against the owner of the northern half of the property bearing No. 111 against one Vedavathi which was dismissed by the Court of Civil Judge observing that the plaintiff had failed to prov ...
Supreme Court Of India
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