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.