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february 1973

Supreme Court of India · 1973-02-08

KALIAMMA vs JANARDHANAN PILLAI & ORS.

Citation / case number
SC 1967/324
Court
Supreme Court of India
Petitioner
KALIAMMA
Respondent
JANARDHANAN PILLAI & ORS.
Bench
ALAGIRISWAMI

Judgment text excerpt

The Supreme Court held that for a custom to be recognized as part of general law under Section 57(1) of the Evidence Act, it must be established through evidence in prior decisions. The Court dismissed the appellant's claim for a share in her father's property based on a special kind of Patnibhagam, as the cited decisions did not rely on evidence but rather on observations not necessary for their conclusions. The Court emphasized that earlier decisions must be evidence-based to prove a custom's existence.

KALIAMMA vs JANARDHANAN PILLAI & ORS. · Niyam