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.