Supreme Court of India · 2000-08-09
R.I. FERNANDEZ (DEAD) BY LRS. vs JOOSA MARIYAN FERNANDEZ FRANCIS .
- Citation / case number
- SC 1991/74579
- Court
- Supreme Court of India
- Petitioner
- R.I. FERNANDEZ (DEAD) BY LRS.
- Respondent
- JOOSA MARIYAN FERNANDEZ FRANCIS .
- Author
- Y.K.SABHARWAL A.P.MISRA
- Bench
- Y.K.SABHARWAL A.P.MISRA
Judgment text excerpt
The Supreme Court addressed the admissibility of evidence under the proviso to Section 68 of the Indian Evidence Act in a partition suit involving Roman Catholic Christians. The Court held that the High Court erred in concluding that there was no specific denial of the execution of the gift deed and settlement deed, emphasizing that the existence of a custom allowing equal shares for male and female heirs was relevant. The Court ultimately set aside the High Court's decision, reinstating the trial court's finding that the custom was proven and the documents were not validly executed.