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december 1974

Supreme Court of India · 1974-12-10

HARIHAR PRASAD SINGH AND ORS. vs BALMIKI PRASAD SINGH AND ORS.

Citation / case number
SC 1967/257
Court
Supreme Court of India
Petitioner
HARIHAR PRASAD SINGH AND ORS.
Respondent
BALMIKI PRASAD SINGH AND ORS.
Bench
ALAGIRISWAMI

Judgment text excerpt

The Supreme Court held that the plaintiffs failed to prove the special family custom necessary to succeed to the estate of R under Hindu Law. The Court emphasized that only three out of fifty-two instances of custom were relevant, and the evidence presented lacked historical value and clarity. The initial burden of proof for establishing the custom lay with the plaintiffs, who did not adequately demonstrate that the custom had been consistently practiced. The appeal was dismissed, affirming the High Court's decision that the plaintiffs had no right to the estate.

HARIHAR PRASAD SINGH AND ORS. vs BALMIKI PRASAD SINGH AND ORS. · Niyam