Supreme Court of India · 2000-08-09
Rosammal Issetheenammal Fernandez ... vs Joosa Mariyan Fernandez & Ors
- Citation / case number
- AIR 2000 SUPREME COURT 2857
- Court
- Supreme Court of India
- Petitioner
- Rosammal Issetheenammal Fernandez ...
- Respondent
- Joosa Mariyan Fernandez & Ors
- Author
- A.P.Misra
- Bench
- A.P.Misra
Judgment text excerpt
The Supreme Court addressed the admissibility of Exhibit B-1 under the proviso to Section 68 of the Indian Evidence Act, ruling that the High Court erred in concluding there was no specific denial of the execution of the gift deed. The Court emphasized that a specific denial is crucial for determining the admissibility of documents affecting property rights. The judgment of the High Court was set aside, and the matter was remanded for fresh consideration, reinforcing the importance of proper evidentiary standards in property disputes.