NDLI: Raja Ram Vs. Jai Prakash Singh and Others

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	1872 Contract Act s. 111. Evidence Act Undue influence s. 16
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Indian Evidence Act, 1872 (1 of 1872) Indian Contract Act, 1872 (9 of 1872)
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Dismissed
Headnote	Contract Act, 1872: s. 16 – Undue influence – Inference of – Execution of sale deed by father in favour of his son-respondent – Allegation by appellant-son that respondent no. 1 exercised undue influence over the father in having the sale deed executed in favour of respondent because of physical infirmity of the father on account of his old age and that the father was living with the respondents – Held: To infer undue influence merely because a sibling was looking after the family elder, is an extreme proposition which cannot be countenanced in absence of sufficient and adequate evidence – On facts, pleadings in the plaint are completely bereft of any details or circumstances with regard to undue influence exercised by respondents over the deceased – Mere bald statement is attributed to the infirmity of the deceased father – Deceased was not completely physically and mentally incapacitated – Respondents were in a fiduciary relationship with the deceased – Their conduct in looking after the parents in old age may have influenced their thinking – But that per se cannot lead to the conclusion that the original respondents were thus, in a position to dominate the will of the deceased or that the sale deed executed was unconscionable – Onus would shift upon the original respondents u/s. 16 r/w s. 111 of the Evidence Act, only after plaintiff would have established a prima facie case – Sale deed being a registered instrument, there shall be a presumption in favour of the respondents – Onus for rebuttal lay on the appellant which he failed to discharge – First appellate court erred in appreciating the facts and evidence in the case – Cases cannot be decided on assumptions or presumptions – Thus, the order of the High Court setting aside the order of the first appellate court which had set aside the order dismissing the appellant’s suit does not call for interference – Evidence Act, 1872 – s. 111.
Judge	Hon'ble Mr. Justice Navin Sinha
Neutral Citation	2019 INSC 1015
Petitioner	Raja Ram
Respondent	Jai Prakash Singh And Others
SCR	[2019] 12 S.C.R. 112
Judgement Date	2019-09-11
Case Number	2896

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