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GAURANG KANTH
Geeta – Appellant
Versus
Kela Devi – Respondent
JUDGMENT
Gaurang Kanth, J. The Appellant in the present Appeal is impugning the judgment & Decree dated 05.12.2022 ("Impugned judgment") passed by ADJ-02, North Rohini Court Complex, Delhi in CS DJ No. 309/2020 titled as `Smt. Kela Devi v. Geeta & Ors.. Vide the Impugned Judgment, the learned Trial Court, inter-alia, decreed the suit in favor of the Respondent and declared that the Respondent is the sole owner of the property bearing Flat no. 33, Pocket A9, Sector 18, Rohini, Delhi ("the suit property") and the Appellant has no right, title or interest in the suit property. The Appellant vide the present Appeal is praying for setting aside of the Impugned judgment.
2. The Trial Court Record is available with this Court. Learned counsel for the Appellant states that the appeal may be heard today itself and no date for hearing of the appeal be fixed as contemplated by sub-Rule 1 of Rule 11 of Order XLI of the Code of Civil Procedure.
FACTS GERMANE FOR THE ADJUDICATION OF THE PRESENT APPEAL ARE AS FOLLOWS:
3. The Respondent is an old and illiterate lady of about 74 years. The Respondent had one son and four daughters. In October 1997, the Respondent's son passed away. Her husband pass
Section 111 of Evidence Act States as proof of good faith in transactions where one party is in relation of active confidence.
The burden of proof lies on the party claiming undue influence to establish that the other party had the ability to dominate their will, which was not proven in this case.
A suit for declaration of title, cancellation of sale deed, partition, and permanent injunction is not maintainable if the plaint does not disclose a cause of action and the reliefs claimed are barre....
The plaintiff failed to prove joint ownership of the property or contribution to its acquisition, affirming that self-acquired property cannot be claimed as joint without evidence.
The court emphasized that for claims of undue influence, specific evidence must be provided, and familial relationships alone do not presume such influence, affirming the validity of the executed Set....
Allegations of fraud, misrepresentations and undue influence in pleadings and evidence must be clear, definite and specific but general allegations in that regard are insufficient.
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