STATE OF BIHAR versus RADHA KRISHNA SINGH & ORS.

STATE OF BIHAR versus RADHA KRISHNA SINGH & ORS.

The plaintiffs failed to prove essential genealogical links connecting them to Bansidhar Singh and Ramruch Singh, thus failing to discharge the burden of proof for title. Exhibit J was admissible as a public record under Section 35 of the Evidence Act, but had negligible probative value. Recitals in judgments not inter partes are inadmissible. Escheat cannot be accepted without public notice and proper procedure. The suit is dismissed as the plaintiffs are not proved to be the nearest reversioners.

Parties
Appellant: State of Bihar; Respondents: Radha Krishna Singh & Ors.
Jurisdiction
India
Judgment Date
20 April 1983
Procedural Posture
Appeal / Final Judgment
Outcome
appeals allowed, suit dismissed
Legal Topics
Admissibility of Genealogies, Entries in Public Records, Proof of Pedigree, Doctrine of Escheat
Evidence Property Law Admissibility of Genealogies Entries in Public Records Proof of Pedigree Doctrine of Escheat

Case Brief

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Parties

State of Bihar

Appellant

Radha Krishna Singh & Ors.

Respondents

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Whether the plaintiffs proved their genealogy to claim title to the properties of Maharaja Harindra Kishore Singh
  2. 2 Admissibility and probative value of Exhibit J under the Evidence Act
  3. 3 Whether recitals in judgments not inter partes can be relied upon

Ratio Decidendi

The plaintiffs failed to prove essential genealogical links connecting them to Bansidhar Singh and Ramruch Singh, thus failing to discharge the burden of proof for title. Exhibit J was admissible as a public record under Section 35 of the Evidence Act, but had negligible probative value. Recitals in judgments not inter partes are inadmissible. Escheat cannot be accepted without public notice and proper procedure. The suit is dismissed as the plaintiffs are not proved to be the nearest reversioners.

Court Disposition

appeals allowed, suit dismissed

Orders

  • Appeals allowed
  • Plaintiff's suit dismissed with costs throughout