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Yamunabai Shankarrao Budhwant vs Satyabhamabai Eknathrao Bangar And ... on 29 April, 2019 cites

Vidhyadhar vs Manikrao & Anr. on 17 March, 1999

When facts are admitted, as regards the facts which are contended by the plaintiff, it is not necessary that the plaintiff herself or himself should enter the witness box. When the suit properties were ancestral, the relationship was not denied, the question was only to the extent as to how much could be said to be the share of the plaintiff as well as defendants no.01 and 02 in the suit properties. Under such circumstance, there was no question of drawing adverse inference on account that the plaintiff had not entered the witness box in this case. The ratio laid down in Vidhyadhar's case (supra) cannot be denied but that will be the situation when burden of proof is on the plaintiff to prove something. Here, when the facts are clear and also admitted and then defendant no.03 was coming with a case that under certain circumstance, she got the property, then it is for her to prove that she received the property legally. So also, when her relationship with Shankarrao was denied, it was for her to prove the same.
Supreme Court of India Cites 21 - Cited by 681 - S S Ahmad - Full Document
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