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january 1953

Supreme Court of India · 1953-01-23

THAKURAIN RAJ RANI AND OTHERS vs THAKUR DWARKA NATH SINGH AND OTHERS,

Citation / case number
SC 1951/27
Court
Supreme Court of India
Petitioner
THAKURAIN RAJ RANI AND OTHERS
Respondent
THAKUR DWARKA NATH SINGH AND OTHERS,
Bench
BHAGWATI, NATWARLAL H.

Judgment text excerpt

The Supreme Court held that the agreement and the will executed by S and G constituted a single transaction, with the agreement serving as consideration for the will. The court found that the issue of animus testandi was res judicata, as previously determined by the Privy Council, and that the argument regarding the monthly payment of Rs. 50 being a condition precedent to the will's validity was also barred by res judicata. The court affirmed the validity of the will and the grant of letters of administration to G's sons.

THAKURAIN RAJ RANI AND OTHERS vs THAKUR DWARKA NATH SINGH AND OTHERS, · Niyam