Supreme Court of India · 2008-12-03
K. Laxmanan vs Thekkayil Padmini & Ors
- Citation / case number
- AIR 2009 SUPREME COURT 951
- Court
- Supreme Court of India
- Petitioner
- K. Laxmanan
- Respondent
- Thekkayil Padmini & Ors
- Author
- Mukundakam Sharma
- Bench
- Mukundakam Sharma, Tarun Chatterjee
Judgment text excerpt
The Supreme Court upheld the High Court's decision regarding the execution of a Deed of Will and a Deed of Gift, finding them to be surrounded by suspicious circumstances. The Court emphasized that the fifth defendant failed to dispel these suspicions by not examining the attesting witnesses, as required under Section 68 of the Indian Evidence Act, 1872. Consequently, the Court affirmed the lower courts' rulings that only item No. 9 of the plaint schedule property was available for division, while the other items were not due to the questionable nature of the documents.