Lakshmi v. Dashayani
Case brief
What is this about?
In an appeal against findings confirming the validity of a Will and the testator's mental capacity, the High Court of Kerala upheld the lower courts' rejection of unproved documentary evidence and dismissed the appeal.
What did the court decide?
The appeal is dismissed and the pending interlocutory applications are closed.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.HARILAL
FRIDAY, THE 2ND DAY OF DECEMBER 2016/11TH AGRAHAYANA, 1938
RSA.No. 1104 of 2016 (F)
AGAINST THE JUDGMENT & DECREE DATED 19-12-2015 IN AS 100/2011 of SUB COURT, OTTAPPALAM
AGAINST THE JUDGMENT DATED 07-09-2011 IN OS 174/2009 of MUNSIFF COURT, OTTAPPALAM
APPELLANT(S)/APPELLANT/PLAINTIFF:
LAKSHMI,
AGED 66 YEARS, D/O ULLATTUTHODI DECEASED RAMAN, PEROOR AMSOM DESOM, OTTAPALAM TALUK, PALAKKAD DISTRICT.
BY ADV. SRI.K.RAVI (PARIYARATH)
RESPONDENT(S)/RESPONDENTS/DEFENDANTS:
Issues for consideration
3 issues framed by the court
Whether the courts below were justified in finding the testator possessed sound disposing mind at the time of executing the Will.
Whether the Will was executed and attested in compliance with statutory requirements under Section 63 of the Indian Succession Act and Section 68 of the Indian Evidence Act.
Whether the unpro Typed photocopies of hospital case sheets can be considered in evidence.
Parties & counsel
- appellant
Lakshmi
- respondent
Dashayani
- respondent
Radha
Coram
Case details
As recorded by the court registry
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