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september 2003

Supreme Court of India · 2003-09-09

Krishna Mohan Kul @ Nani Charan Kul And ... vs Pratima Maity And Ors

Citation / case number
AIR 2003 SUPREME COURT 4351
Court
Supreme Court of India
Petitioner
Krishna Mohan Kul @ Nani Charan Kul And ...
Respondent
Pratima Maity And Ors
Author
Arijit Pasayat
Bench
Doraiswamy Raju, Arijit Pasayat

Judgment text excerpt

The Supreme Court held that the deed of settlement executed by Dasu Charan Kul was invalid due to lack of evidence regarding the executant's mental and physical capacity at the time of execution, as well as the absence of credible witnesses to substantiate the thumb impression. The Court emphasized that the burden of proof regarding the validity of the deed lay with the defendants, not the plaintiffs. The judgment of the Calcutta High Court was upheld, declaring the deed void and invalid, thereby favoring the plaintiffs' claim for declaration and permanent injunction.

Krishna Mohan Kul @ Nani Charan Kul And ... vs Pratima Maity And Ors · Niyam