Raja Gounder vs M Sengodan 2024 INSC 47 :: [2024] 1 S.C.R. 413 – Partition – Ss 17,18 Evidence Act – Admissions

Indian Evidence Act, 1872; Section 17,18 – Admission is a conscious and deliberate act and not something that could be inferred. An admission could be a positive act of acknowledgement or confession. To constitute an admission, one of the requirements is a voluntary acknowledgement through a statement of the existence of certain facts during the judicial or quasi-judicial proceedings, which conclude as true or valid the allegations made in the proceedings or in the notice. The formal act of acknowledgement during the proceedings waives or dispenses with the production of evidence by the contesting party. The admission concedes, for the purpose of litigation, the proposition of fact claimed by the opponents as true. An admission is also the best evidence the opposite party can rely upon, and though inconclusive, is decisive of the matter unless successfully withdrawn or proved erroneous by the other side.- Section 18 of the Act lays down the conditions and the requirements satisfied for applying to a statement as an admission – Section 18 of the Act deals with: (i) admission by a party to a proceeding, (ii) his agent, (iii) by a suitor in a representative character, (iv) statements made by a party in trusted subject matter, (v) statements made by a person from whom interest is derived. The qualifying circumstances to merit as admission are subject to satisfying the requirement. (Para 13-14)

Partition suit –The shares are dependent upon the nature of status and the time at which the partition is decreed. It is axiomatic that the shares fluctuate not only with the happening of events in the family but also with the circumstances established by the parties to the lis. (Para 17)

Hindu Succession Act, 1955; Section 16 -Entitlement of share to the children of void or voidable marriages – Referred to Revanasiddappa v. Mallikarjun (2023) 10 SCC 1. (Para 17-18)

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