Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Civil Procedure 1908 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Code of Civil Procedure, 1908:s. 100 - Second appeal - Jurisdiction of High Court - HELD: High Court can interfere with concurrent findings of two courts below if any substantial question of law arises for its consideration - Findings of courts below were not stated to have been vitiated by any illegality or omission or error or defects as envisaged by s.100. Or 6 r 4 - Suit challenging a sale deed as vitiated by misrepresentation, undue influence, fraud and collusion - HELD: The party alleging undue influence, fraud etc. must prove the same - Trial court as a/so the first appellate court having held that plaint did not contain any particulars of undue influence, fraud etc., High Court rightly dismissed the second appeal. Contract Act, 1872:s. 16 ~ Undue influence - HELD: Relation between parties so as to enable one of them to dominate the will of the other is sine qua non for constitution of undue influence - Trial court and first appellate court having arrived at the finding that ... defendant was not in a position to dominate plaintiff's will, High Court rightly declined to interfere. The plaintiff-appellant filed a suit challenging a sale deed alleged to have been executed by her in favour of her younger brother, the defendant. It was contended that the sale deed was vitiated by misrepresentation, undue influence, fraud and collusion as the plaintiff was made to believe that she would obtain financial assistance for treatment of her husband's prolonged illness by executing the said document. The trial court dismissed the suit holding that the plaint did not satisfy the requirements of Or.6, r.4 CPC, as particulars of fraud and undue influence were not pleaded and the plaintiff was not able to establish that the defendant had been in a position so as to unduly influence her or that the sale deed was executed by her under misrepresentation. The first appellate court affirmed the said findings. The second appeal of the plaintiff was dismissed by the High Court. In the instant appeal filed by the plaintiff, it was contended for the appellant that the courts below committed an error of law in so far as they failed to take into consideration that the relationship between the vendor and vendee being that of sister and brother and the appellant being an illiterate old lady, the onus of proof was upon the defendant-respondent to show that the sale deed was genuine and amount of consideration had been received by vendor, and as no officer of Registration Office was examined in this regard, the vendee must be held to have failed to discharge the onus. |
Judge | Hon'ble Mr. Justice S.B. Sinha |
Neutral Citation | 2009 INSC 388 |
Petitioner | Bellachi (dead) By Lr |
Respondent | Pakeeran |
SCR | [2009] 4 S.C.R. 823 |
Judgement Date | 2009-03-23 |
Case Number | 1785 |
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