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Musammat Bhawani Kunwar Vs. Kunwar Himmat Bahadur - Court Judgment

LegalCrystal Citation
SubjectFamily
CourtMumbai
Decided On
Judge
Reported in(1911)13BOMLR384
AppellantMusammat Bhawani Kunwar
RespondentKunwar Himmat Bahadur
DispositionAppeal dismissed
Excerpt:
.....due from her late husband to herself on account of the payment so made:;held, that the onus lay upon appellant to prove that there was an obligation on the part of the husband or his estate to pay the monies which were paid by his wife.;held (on the evidence) that the appellant had failed to prove any such obligation and that the alienation must therefore be set aside. ;himmat bahadur v. bhawani kunwar (1908) i.l.r. 30 all. 852 affirmed on this part of the case. - - the obligation lay upon the appellant to prove that there was such liability, and she has not satisfied it.macnaghten, j.1. the facts of this case are very complicated in detail, but it seems to their lordships that judgment can be given in a single sentence.2. the appellant has not proved that there was any obligation on the part of nityanand or his estate to pay the monies which were paid by his wife. the obligation lay upon the appellant to prove that there was such liability, and she has not satisfied it.3. their lordships will therefore humbly advise his majesty that the appeal should be dismissed, and the appellant will pay the costs.
Judgment:

Macnaghten, J.

1. The facts of this case are very complicated in detail, but it seems to their Lordships that judgment can be given in a single sentence.

2. The appellant has not proved that there was any obligation on the part of Nityanand or his estate to pay the monies which were paid by his wife. The obligation lay upon the appellant to prove that there was such liability, and she has not satisfied it.

3. Their Lordships will therefore humbly advise His Majesty that the appeal should be dismissed, and the appellant will pay the costs.


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