DURGA PRASAD vs DEVI CHARAN

The Supreme Court held that under Section 70 of the Indian Succession Act, 1925, the presumption of revocation of a will is rebuttable and the onus lies on the party alleging revocation. In this case, the appellant successfully rebutted the presumption that the will was revoked, as the respondent failed to prove the will's revocation despite the original not being found. The Court emphasized that the absence of the will does not automatically imply revocation, especially given the respondent's potential interest in its destruction.