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Chidambara Pillai Vs. Swaminathan and anr. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Reported in(1903)13MLJ135
AppellantChidambara Pillai
RespondentSwaminathan and anr.
Excerpt:
- 1. we are not prepared to say that in this country there is a presumption that a will has been revoked by the testator when it is shown that it was in his possession some time before his death, but is not found at the time of his death.2. if there is any such presumption, it is one of fact and depends on all circumstances of each case. here both the courts have found as a fact that there is no evidence of revocation, and we cannot say that that finding is one which, in the circumstances of the case, they were not entitled to arrive at.3. we dismiss the second appeals with costs
Judgment:

1. We are not prepared to say that in this country there is a presumption that a will has been revoked by the testator when it is shown that it was in his possession some time before his death, but is not found at the time of his death.

2. If there is any such presumption, it is one of fact and depends on all circumstances of each case. Here both the Courts have found as a fact that there is no evidence of revocation, and we cannot say that that finding is one which, in the circumstances of the case, they were not entitled to arrive at.

3. We dismiss the second appeals with costs


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