partition

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File Number = 11193 ANDHRA PRADESH HIGH COURT Evidence Act, 1872, Section 63, 65 -- Secondary evidence - A copy of a copy, which is not compared with the original, cannot be received as secondary evidence and such copy is inadmissible in evidence as per Illustration (d) of Section 63 of the Act - In the absence of material to that effect that a copy made from a copy has been so compared is not admissible.Will -- Genuineness - Propounder is to adduce satisfactory evidence that the will was signed by the testator who was at that time in a sound and disposing state of mind, that he understood the nature and effect of the dispositions and put his signature on the document out of his free will - Propounder of the Will has further to prove that Will is not surrounded by suspicious circumstances.Adverse possession -- To claim adverse possession, there must be a specific pleading by the parties, who assert such right, and there must be sufficient proof to show that they perfected title by adverse possession.Partition -- Civil suit - Suit for partition between family members of landholder is maintainable in civil court.Partition -- Suit filed claiming half share based on a Will - Plea of defendants that testatrix had no subsisting right as she executed a release deed - Will duly proved - Release deed obtained from testatrix without her knowledge and with false recitals - Held, no right accrues on the basis of such release deed - Testatrix had subsisting rights over half of plaint schedule properties which she transferred in favour of plaintiffs under the Will - Preliminary decree for partition of half share of properties passed by trial Court - Upheld.Document -- Cancellation - Parties basing their title on a particular document - Opposite party disputing genuineness of the document - Burden is on the party who relies on the document to establish that it is a true and valid document and binding on the opposite party - Held, there is no need for the plaintiffs to file a suit for cancellation of that document.