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.