Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Burden of proof Pardanashin lady Execution of deed Binding nature |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Pardanashin lady—Execution of deed—Binding nature—Burden of proof.R, the husband of the appellant, had separated from his uncle J. in 1924. After the death of R, J got a maintenance deed executed by the appellant containing recitals that there had been no separation between R. and J. The appellant filed a suit for a declaration of her title to the property and for a declaration that the deed having been got executed by fraud was not binding on her. The trial court decreed the suit holding that R and J had separated, that the appellant was an ignorant pardanashin lady and that she did not execute the deed after understanding the contents thereof. On appeal the first appellate court confirmed the findings and decree. In second appeal the High Court reversed the findings of facts on the ground that the onus was on the appellant to prove that the deed had been got executed by fraud. The appellant contended that the High Court was wrong on the question of burden of proof and that it had no jurisdiction to interfere with the findings of facts. Held, that the High Court was not justified in interfering in second appeal with findings of fact of the first two Courts and it had wrongly placed the onus on the appellant. The burden of proof was always upon the person who sought to sustain a transaction entered into with a pardanashin lady to establish that the document was executed by her after clearly understanding the nature of the transaction. It had to be established not only that it was her physical act but also that it washer mental act. The burden could be discharged not only by proving that the document was explained to her and that she understood it, but also by other evidence, direct and circumstantial. |
Judge | Honble Mr. Justice K. Subba Rao |
Neutral Citation | 1962 INSC 130 |
Petitioner | Mst. Kharbuja Kuer |
Respondent | Jangbahadur Rai |
SCR | [1963] 1 S.C.R. 456 |
Judgement Date | 1962-04-09 |
Case Number | 522 |
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