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august 1966

Supreme Court of India · 1966-08-24

MST. RAMRATI KUER vs DWARIKA PRASAD SINGH AND ORS.

Citation / case number
SC 1964/90271
Court
Supreme Court of India
Petitioner
MST. RAMRATI KUER
Respondent
DWARIKA PRASAD SINGH AND ORS.
Bench
WANCHOO, K.N.

Judgment text excerpt

The Supreme Court held that the statement made by the appellant's mother in a 1925 mortgage suit was admissible under Section 32(3) of the Indian Evidence Act, 1872, as it was against her proprietary interest and she was deceased. The court clarified that the admissibility of such statements depends on whether the maker was aware of the statement being against their interest. Furthermore, the court found that the statement in the gift deed was less credible than the earlier statement made in the mortgage suit, which was made when there was no family dispute, thus favoring the respondents' claim.

MST. RAMRATI KUER vs DWARIKA PRASAD SINGH AND ORS. · Niyam