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1 - 4 of 4 (0.24 seconds)Mr. James E. Powell And Anr. vs Mr. L.B. Powell on 20 May, 1916
Again, the words "with an intention to revoked have been judicially construed in the case of Powell v. Powell (1886) L.R. 1 P. & D. 209, 212 and the particular passage is at p. 212, where the learned Judge Sir J.P. Wilde emphasises the fact that the destruction must be destruction with an intention to revoke.
Section 67 in The Indian Succession Act, 1925 [Entire Act]
Johue Lall Dey vs Dhirendra Nath Dey on 24 November, 1915
He also relied on the case of Johur Lal Dey v. Dhirendra Naih Dey. (1915) 20 C.W.N. 304. I do not find this last case reported in the authorized series of the report. The case was decided on November 24, 1915, by a bench of three Judges and the Chief Justice there emphasises the fact that, however partial the act of destruction, if the intention to destory existed that was all that the law contemplated. The facts of that particular case are rather important. The judgment in that case turned on the facts purely. The trial Judge Chaudhuri J., having had the advantage of hearing the evidence, decided on facts after believing the witnesses he had examined, The facts shortly were that the testator died on October 17, 1913. The application was opposed by the testator's son, the defendant in the case. The defendant alleged that a prior will of 1903 had been revoked by the testator on August 29, 1913. It appears that the testator fell ill on or about August 19, 1913, when he returned from a place called Karmatar, where he had gone for a change. He died on October 17, 1913. The attorney who was present and under whose instructions the will was revoked asked the testator to write on the will the word "cancelled", strike out the signature, sign the cancellation, and tear the will partially. The testator carried out these directions, and then made over the document to the ' attorney. The document was torn in the middle to the extent of three or four inches, It was a clear tear, and it had not the appearance of an accidental tear. It was a tear made expressly under the attorney's instructions. The learned trial Judge held that the tear was made with the intention of revoking the will, and it was held that there had been an effective revocation by tearing within the meaning of the section. In appeal, the Chief Justice, Sir Lancelot Sanderson, justified his judgment upon the ground that the question was a question of fact, that Mr. Justice Chaudhuri had the evidence before him to justify him in coming to the conclusion to which he did, and he saw no reason to differ from the learned trial Judge. At p. 308 he points out that the only thing that is alleged in the case is the tearing, and he says that all that the Court has got to consider is whether such tearing comes within the section, and, secondly, whether it was done with the intention of revoking the will. After discussing the evidence and finding of the learned trial Judge he comes to the conclusion that the tearing comes sufficiently within the meaning of the section. Mr. Justice Woodroffe and Mr. Justice Mookerjee concurred with the finding of the Chief Justice. And Mr. Justice Mookerjee says (p. 310) :
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