Jai Prakash vs . The State & Anr. on 22 July, 2014
15. In the present facts, the mother of the plaintiff has been
reported missing from 29.09.94 and the suit was instituted on
06.12.2012. A period of more than 7 years has lapsed since the
mother of plaintiff was last heard of. The son would be best placed to
have heard from him in the event of the mother still being alive when
father is also dead. Considering that the mother of plaintiff was also
not mentally fit as mentioned in DD No. 20A Dated 29.09.94, the
preponderance of probabilities hint towards her demise. There is no
objection from any other person regarding the present missing status
of the mother of plaintiff namely Chanderwati. The Court thus draws
the presumptions under Section 107 & 108 of the Evidence Act in
favour of the plaintiff. The plaintiff is held to have duly discharged the
burden of proving that mother of plaintiff namely Smt. Chanderwati is
Suit No. 379/12 Page No. 5/6
Jai Prakash Vs. The State & Anr.