Supreme Court of India

V. Prabhakara v. Basavaraj K. (dead) by Lr. & Anr.

Neutral citation

Bench Sanjay Kishan Kaul and M. M. Sundresh JJ.

Decided 7 October 2021

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

1 Supreme Court bench has cited this judgment.

What the Court ordered

For the reasons aforesaid, we have no hesitation in holding that the judgment and decree of the Appellate Court rendered in 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 declaration and possession of suit property – Appellant claimed title over the property on the basis of registered Will (Ext.P4) executed by the owner – Respondents admitted execution of Ext.P4, however sought dismissal of suit in view of a subsequent unregistered Will (Ext.D1), allegedly executed by the owner in favour of respondent no.2 (minor son of respondent no.1-erstwhile brother-in-law of the appellant) – 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 cited by 59
2008 Bachhaj Nahar v. Nilima Mandal & Anr. cited by 20
1950 Sarju Pershad v. Raja Jwaleshwari Pratap Narain Singh cited by 13
1969 Narayanibai v. State of Maharashtra & Ors. cited by 12
1965 Bhagwati Prasad v. Shri Chandramaul cited by 8
2008 Jagdish Singh v. Madhuri Devi cited by 3
2006 Joseph Antony Lazarus (dead) by Lrs. v. A.J. Francis cited by 1

Where later benches applied it

2023 Harendra Rai v. The State of Bihar & Ors. mentioned

Of those, 1 mentioned

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