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.