Supreme Court of India · 2019-03-13
GURNAM SINGH (D) BY LRS.. vs LEHNA SINGH(D) BY LRS.
- Citation / case number
- SC 2008/4604
- Court
- Supreme Court of India
- Petitioner
- GURNAM SINGH (D) BY LRS..
- Respondent
- LEHNA SINGH(D) BY LRS.
- Author
- HON'BLE MR. JUSTICE L. NAGESWARA RAO
- Bench
- HON'BLE MR. JUSTICE M.R. SHAH HON'BLE MR. JUSTICE L. NAGESWARA RAO
Judgment text excerpt
The Supreme Court examined the appeal against the High Court's decision which restored the Trial Court's decree granting a perpetual injunction to the original plaintiff against the defendants. The Court held that the original plaintiff was the sole heir of Bhagwan Singh, deceased, and that the defendants failed to prove the validity of the alleged Will executed in their favor. The Court emphasized that the burden of proof lies on the party asserting the existence of a Will, and since the defendants could not substantiate their claim, the original plaintiff's rights were upheld.