AIR 1914 PRIVY COUNCIL 38

Privy Council

(FROM ALLAHABAD)

Hon'ble Judge(s): Lord Shaw, Lord Moulton, Ameer Ali , JJJ

(A) Hindu Law - Reversioner - Suit to set aside widow's alienation - Onus of Proof of Necessity is on the purchaser which is not discharged by mere recitals in a deed without evidence ali unde. The onus of supporting a sale from a Hindu widow is on the purchaser who should adduce evidence to prove such legal necessity as would bind the husband's estate and not rely simply on recitals in the schedule attached to the sale-deed, Recitals in mortgage or deeds of sale with regard to existence of necessity for the aliegation are not by themselves evidence of the fact and there must be evidence ali- unde to substantiate the allegation. .(Para 40) (B) Privy Council - Interference in a finding of fact when the lower Courts differ in their opinion of the credibility of witnesses. In view of the divergence of opinion between the two Courts in India with respect to the credibility of plaintiff's witnesses, their Lordships closely examined, the evidence and corroborative circumstances therein and interfered on a finding of fact(Para 40) .....