Niyam v2 is live — start for just ₹100 — 200 credits to try

march 1996

Supreme Court of India · 1996-03-29

T. VENKATA NARAYANA vs VENKATA SUBBAMMA(DEAD) .

Citation / case number
SC 1994/76147
Court
Supreme Court of India
Petitioner
T. VENKATA NARAYANA
Respondent
VENKATA SUBBAMMA(DEAD) .
Author
K. RAMASWAMY
Bench
K. RAMASWAMY

Judgment text excerpt

The Supreme Court held that the High Court erred in allowing the adduction of secondary evidence to prove a will in a suit for injunction, emphasizing that such evidence can only be introduced in a probate proceeding as per the Indian Succession Act. The Court clarified that the rights under the compromise decree in the partition suit must be interpreted without converting the injunction suit into a probate suit. The appeal was allowed, setting aside the High Court's order and confirming the District Munsif's decision, allowing the respondent to establish rights under the will in accordance with law.

T. VENKATA NARAYANA vs VENKATA SUBBAMMA(DEAD) . · Niyam