BENGA BEHERA Vs. BRAJA KISHORE NANDA
LAWS(SC)-2007-5-163
SUPREME COURT OF INDIA
Decided on May 15,2007

BENGA BEHERA Appellant
VERSUS
BRAJA KISHORE NANDA Respondents





Cited Judgements :-

SHARDA RANI VS. AMAR SINGH AND ORS. [LAWS(P&H)-2016-2-100] [REFERRED TO]
ANIL MALHOTRA VS. CHANDER MALHOTRA AND ORS. [LAWS(P&H)-2015-8-34] [REFERRED TO]
SURINDER KAUR VS. MEHAL SINGH [LAWS(P&H)-2013-12-80] [REFERRED TO]
KARTAR KAUR VS. KEWAL SINGH [LAWS(P&H)-2009-9-82] [REFERRED TO]
SMT. REKHA RANI VS. VINEET KUMAR AND OTHERS [LAWS(P&H)-2013-11-193] [REFERRED TO]
RUR SINGH VS. BACHAN KAUR [LAWS(SC)-2009-2-199] [REFERRED TO]
PUNJAB STATE WAREHOUSING CORPORATION VS. B. K. CHADHA [LAWS(P&H)-2020-9-73] [REFERRED TO]
S.NARAYANASWAMY VS. NIMMALA APPANNA S/O.PEDDANNA [LAWS(APH)-2013-8-2] [REFERRED TO]
MALAY RUDRA VS. GARDENIA AIMS DEVELOPERS PVT.LTD. [LAWS(ALL)-2019-12-184] [REFERRED TO]
JAWAHAR SINGH AND DIWAN SINGH BOTH SONS OF LATE SHRI LALMAN, RESIDENT OF VILLAGE BHANGROTU, TEHSIL SADAR, DISTRICT MANDI, H.P. VS. KISHAN SINGH AND ORS. [LAWS(HPH)-2012-12-33] [REFERRED TO]
MANJU MAMIK WIDOW OF RANJIT SINGH VS. HARJEET KAUR WIFE OF ABHASH SINGH [LAWS(HPH)-2013-4-120] [REFERRED TO]
MANJU MAMIK WIDOW OF RANJIT SINGH VS. HARJEET KAUR WIFE OF ABHASH SINGH [LAWS(HPH)-2013-4-120] [REFERRED TO]
Anil Kak VS. Ku. Sharada Raje [LAWS(MPH)-2008-4-111] [REFERRED TO]
GOPAL VS. NATARAJAN [LAWS(MAD)-2016-3-319] [REFERRED]
MOTURU NALINI KANTH VS. GAINEDI KALIPRASAD [LAWS(SC)-2023-11-28] [REFERRED TO]
RAJ KUMARI VS. SURINDER PAL SHARMA [LAWS(SC)-2019-12-108] [REFERRED TO]
SIVAKAMI VS. R.ARUMUGHAM [LAWS(MAD)-2022-7-171] [REFERRED TO]
MUNNI BAI VS. KUBRA BEE [LAWS(MPH)-2020-3-214] [REFERRED TO]
SANTOSH KUMAR VS. HARKHAS AAM [LAWS(RAJ)-2022-11-165] [REFERRED TO]
JAMILA GULFAM DESAI VS. JAMIR ABDULMUJIR SHILEDAR [LAWS(BOM)-2024-10-1] [REFERRED TO]
T.MAHALAKSHMI AMMAL VS. KRISHNAN VENKATESWARI [LAWS(APH)-2024-4-57] [REFERRED TO]
N GOVINDARAJAN VS. N LEELAVATHY [LAWS(MAD)-2011-7-110] [REFERRED TO]
VALLIAMMAL VS. SOKKAMMAL [LAWS(MAD)-2012-3-326] [REFERRED TO]
RUKKAMMAL VS. MOTTAIYAMMAL ALIAS GENGIAMMAL [LAWS(MAD)-2011-2-526] [REFERRED TO]
SILVY GEORGE VS. ANNA JOSEPH [LAWS(KER)-2014-4-10] [REFERRED TO]
KAVITA KANWAR VS. PAMELA MEHTA [LAWS(SC)-2020-5-16] [REFERRED TO]
HARI OM GUPTA VS. JYOTI BHATIA [LAWS(ALL)-2020-6-44] [REFERRED TO]
KISHAN SINGH VS. JAWAHAR SINGH AND OTHERS [LAWS(HPH)-2012-12-140] [REFERRED TO]
MRINALINI DEB BARMA VS. UPAMA DEB BARMA [LAWS(GAU)-2007-11-19] [REFERRED TO]
IN THE GOODS OF VS. NURUN NAHAR, DECEASED AND SHEIKH ABDUS SADEK [LAWS(CAL)-2017-4-98] [REFERRED TO]
IN THE GOODS OF : NURUN NAHAR, DECEASED VS. SHEIKH ABDUL MUKIM [LAWS(CAL)-2017-4-163] [REFERRED TO]
B. Ramesh, S/o. Anatha Bhatta VS. Smt. Lalitha, W/o. Vasanth, Smt. Gayatri, W/o. Mohan and Sri. Kaushik, S/o. Sri. B. Ramesh [LAWS(KAR)-2010-9-122] [REFERRED TO]
M. PREMKUMARI VS. A. KRISHNARAJ [LAWS(MAD)-2021-3-502] [REFERRED TO]
YUMNAM ONGBI TAMPHA VS. YUMNAM JOYKUMAR SINGH [LAWS(SC)-2009-3-52] [REFERRED TO]
JAGDISH PRASAD VS. STATE [LAWS(DLH)-2015-3-5] [REFERRED TO]
PADMA DEVI VS. SOMA DEVI [LAWS(HPH)-2011-1-198] [REFERRED TO]
VENKATAMMA VS. ANKAMMA [LAWS(KAR)-2013-4-88] [REFERRED TO]
RAJEEV GUPTA VS. PRASHANT GARG [LAWS(ALL)-2021-9-193] [REFERRED TO]
PRABHKUMARI VS. S. MOHANRAJAN [LAWS(KER)-2021-6-84] [REFERRED TO]
G PARAS SINGH MUNOTH VS. GYANLATHA [LAWS(MAD)-2018-6-98] [REFERRED TO]
RAVICHANDRAN VS. THULASIAMMAL [LAWS(MAD)-2019-4-510] [REFERRED TO]
MR. G. PARAS SINGH MUNOTH VS. MRS. GYANLATHA AND OTHERS [LAWS(MAD)-2018-6-1513] [REFERRED TO]
CHANDRAMOHAN VS. SHANMUGAVALLI [LAWS(MAD)-2012-2-601] [REFERRED TO]
ARVIND BHAURAO VS. INDIRABAI BALKRISHNA GANGASHETTIWAR [LAWS(BOM)-2008-4-108] [REFERRED TO]
B RAMESH VS. LALITHA [LAWS(KAR)-2010-9-18] [REFERRED TO]
SHEIKH ABDUS SADEK VS. SHEIKH ABDUL MUKIM [LAWS(CAL)-2017-4-62] [REFERRED TO]
C M SOBHANA, D/O LATE KRISHNAN NAMBIAR AND C M KRISHNA KUMAR VS. T M JANAKI AMMA AND ANR [LAWS(KER)-2010-11-590] [REFERRED]
KOTHAI AMMAL VS. S KADIRESAN [LAWS(MAD)-2010-1-707] [REFERRED]
JAWAHAR LAL VS. SURINDER SINGH [LAWS(P&H)-2013-11-74] [REFERRED TO]
JASWINDER KAUR VS. MALKIAT SINGH [LAWS(P&H)-2012-3-41] [REFERRED TO]
SHUGAN CHAND VS. BACHNI DEVI [LAWS(P&H)-2010-1-236] [REFERRED TO]
LRS OF BHINYA RAM VS. LRS OF TAKHU RAM [LAWS(RAJ)-2016-8-137] [REFERRED]
JYANA DEVI VS. RAMJI LAL [LAWS(RAJ)-2019-3-42] [REFERRED TO]
GEETA BAI, WD/O LATE LILEHSWAR DAS VS. DEVENDRA KUMAR [LAWS(CHH)-2020-10-53] [REFERRED TO]
SUBHASH CHAND AND OTHERS VS. RAVINDER KUMAR AND OTHERS [LAWS(HPH)-2013-10-82] [REFERRED]
KIRAN BANSAL VS. T. CHANDRA KALA AND ORS. [LAWS(APH)-2015-10-41] [REFERRED TO]
DINESH AGGARWAL & OTHERS VS. STATE & OTHERS [LAWS(DLH)-2018-9-59] [REFERRED TO]
JAGDISH SINGH VS. JAGJIT SINGH [LAWS(P&H)-2022-3-206] [REFERRED TO]
CHAND RANI VS. JOGINDER PAL [LAWS(P&H)-2019-12-317] [REFERRED TO]
JARANT SINGH VS. SUKHJINDER SINGH [LAWS(P&H)-2007-9-41] [REFERRED TO]
RAM PAUL GOEL VS. PAWAN KUMAR [LAWS(P&H)-2008-9-118] [REFERRED TO]
SURESH KUMAR AND OTHERS VS. SUMITRA DEVI AND OTHERS [LAWS(HPH)-2018-12-125] [REFERRED TO]
SHOBHANA SAHADEV SHAH, OCCUPATION: BUSINESS, AGE: RELIGION: JAIN OF BOMBAY INDIAN INHABITANT RESIDING AT C VS. SANGEETA PORBANDERWALA, A U.S. CITIZEN OF INDIAN ORIGIN, HAVING HER ADDRESS AT 162 [LAWS(BOM)-2017-2-113] [REFERRED TO]
BELARANI GHOSH VS. ALO DEY [LAWS(CAL)-2023-3-139] [REFERRED TO]
DEEPAK KUMAR DAS VS. PARBATI DAS [LAWS(GAU)-2008-4-34] [REFERRED TO]
V V CHANDRASEKHARAN VS. V V INDIRA AND ORS [LAWS(KER)-2011-5-126] [REFERRED]
GATINDER KUMAR VS. PUSHPA DEVI [LAWS(HPH)-2008-7-26] [REFERRED TO]
AMITA VS. ARVIND [LAWS(KAR)-2019-8-200] [REFERRED TO]
AKBARBHAI KESARBHAI SIPAI VS. MOHANBHAI AMBABHAI PATEL [LAWS(GJH)-2019-7-44] [REFERRED TO]
DEVASSYKUTTY VS. VISALAKSHY AMMA [LAWS(KER)-2010-6-1] [REFERRED TO]
S SAROJA VS. S RAJALAKSHMI [LAWS(MAD)-2009-7-584] [REFERRED TO]
S.SENTHILKUMAR VS. A.R.VENKIDUSAMY [LAWS(MAD)-2019-6-244] [REFERRED TO]
MANMOHAN VS. BALDEV RAJ [LAWS(DLH)-2013-11-100] [REFERRED TO]
RANJIT SINGH VS. RAGHUVIR SINGH [LAWS(ALL)-2018-4-168] [REFERRED TO]
BANDA SREERAMAMURTHY VS. UPPALURI LALITHAMBA [LAWS(APH)-2010-9-55] [REFERRED TO]
JHADU AND ORS. VS. VIRENDRA BAHADUR SINGH AND ORS. [LAWS(CHH)-2020-3-86] [REFERRED TO]
V. KALYANASWAMY(D) BY LRS. AND ANOTHER VS. L. BAKTHAVATSALAM [LAWS(SC)-2020-7-6] [REFERRED TO]
M. MADASAMY VS. M. ANNABACKIYAM [LAWS(MAD)-2023-2-76] [REFERRED TO]
GAMDOOR SINGH VS. PRITPAL SINGH & OTHERS [LAWS(P&H)-2012-1-203] [REFERRED TO]
PARAM NAVDEEP SINGH VS. MUKHTYAR SINGH SIDHU [LAWS(RAJ)-2022-2-38] [REFERRED TO]
JYOTI KHASNABISH VS. ARINDAM KHASNABISH AND ORS. [LAWS(TRIP)-2016-3-20] [REFERRED TO]
DURGI DEVI VS. KRISHAN CHAND [LAWS(HPH)-2014-9-103] [REFERRED TO]
RANJINI (DECEASED) VS. SELVI A.PANCHAVARNAM [LAWS(MAD)-2019-3-496] [REFERRED TO]
ANGURI VS. KHAZANI [LAWS(P&H)-2022-12-175] [REFERRED TO]
NIRMAL KUMAR SAHA & ANR VS. DIPANKAR SAHA & ORS [LAWS(CAL)-2018-5-68] [REFERRED TO]
HARISH CHANDER KAWATRA VS. STATE [LAWS(DLH)-2009-5-222] [REFERRED TO]


JUDGEMENT

- (1.)Interpretation and application of Section 63 of the Indian Succession Act, 1925 as well as Section 68 of the Indian Evidence Act, 1872 vis- '-vis the requirements of proof of execution of a document falls for consideration in this appeal which arises out of the judgment dated 21.11.2002 in First Appeal.No.397/1990 of the High Court of Orissa at Cuttack. However, before we embark upon the said question, we may notice the facts of the matter in brief.
(2.)Admittedly, one Sarajumani Dasi was the owner of the property in question. She was aged about 70 years when a Will was allegedly executed by her on or about 15.1.1982. She expired on 5.6.1983. The beneficiary of the Will was the first respondent herein. The testatrix was living in a math known as Bharati Math at Puri. In the Will, she disclosed her profession to be "Singer of Bhajans and Kirtans". It is not in dispute that the first respondent was a complete stranger to the family. He is a businessman. His father was one of the disciples of late Taponidhi Ramakrushna Bharati Goswamy, who had founded the Math wherein the testatrix was living.
(3.)A deed of sale was also executed by the said Sarajumani Dasi in favour of advocate Surendra Panda of Puri on the same day. The Will is said to have been scribed by one Banabehari Upadhyaya (PW-9), an advocate's clerk. He as well as one Chandramani Das Mohapatra who are said to be the attesting witnesses thereto also identified the testatrix before the Registering Officer. Respondent No.1 obtained the original Will from the Office of the Registering Authority on 30.1.1982.


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