Party must step into witness box to prove its case
Shubham Budhiraja [1] A filed a suit for Partition against B. The Ld. It is the case of the Plaintiff that his grandfather had 2 sons, X&Y. The X had 2 wives, P&Q. The first wife, P is the mother of A. The Second Wife, Q and his son, B are the Defendants. Based on change in revenue entries, B declined to acknowledge A’s joint possession in the property. To demand his share, A filed the Partition Suit. The Trial Court dismissed the suit whereas High Court in first appeal allowed the suit. Hence, Supreme Court. The Hon’ble Supreme Court held as under: 1. In the present case, there is a paucity of documentary and contemporaneous material to conclusively establish the marital relationship between the deceased and the mother of the plaintiffs. 2. The testimony of P.W.2 is the sole evidence adduced in support of the existence of such a relationship. Accordingly, the evidentiary value of the testimon...