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ANIL KSHETARPAL
Kanta – Appellant
Versus
Santosh – Respondent
JUDGMENT :
Anil Kshetarpal, J.
1. BRIEF FACTS OF THE CASE
1.1 With the consent of the learned counsel representing the parties, two cross regular second appeals shall stand disposed of by a common order.
1.2. Smt. Kanta is the appellant in both the appeals. She was defendant in the first suit i.e. Civil Suit No. RBT/37/2012 (Santosh vs. Brij Mohan and another) filed on 21.01.2012, whereas, she was plaintiff in the second suit i.e. Civil Suit No.RBT/36/2012 (Kanta vs. Brij Mohan and another), filed on 08.02.2012.
1.3. The trial Court while passing two separate judgments of the same day, dismissed the suit filed by Smt. Santosh, whereas decreed the suit filed by Smt. Kanta (appellant). Smt. Santosh filed two appeals which have been accepted by the First Appellate Court while reversing the judgment of the trial court.
1.4. In order to comprehend the issues involved in these cases, the relevant facts in chronological order, are required to be noticed, briefly.
1.5. Sh. Brij Mohan, defendant no.1 in both the suits purchased a plot measuring 302 sq. yards vide sale deed dated 02.12.1986. He sold the western part of the plot measuring 150 sq. yards in favour of Smt. Santosh (Respondent no.1) vid
A registered sale deed is presumed genuine, and the burden of proof lies on the party denying its execution, as per the provisions of the Evidence Act and Transfer of Property Act.
Sale deeds must be proved by the signature of the executant as per Section 67 of the Evidence Act, and cannot be admitted without such proof, under Section 91, rendering erroneous decisions based on ....
The main legal point established in the judgment is the presumption of genuineness attached to a registered document and the burden of proof in challenging its validity.
The court ruled that while a certified copy of a sale deed is admissible as secondary evidence, it does not suffice to prove the execution of the deed, which must demonstrate intention and legal vali....
(1) An agreement without consideration is void but if a document is registered on account of natural love and affection between parties standing in a near relation to each other, then such an agreeme....
The burden of proof in civil trials must be borne by the plaintiff, who must substantiate allegations of fraud with appropriate evidence and particulars.
The burden of proof regarding undue influence lies with the defendant when the plaintiff is an illiterate villager, but the defendant successfully discharged this burden, validating the sale deed.
The court established that a transaction could be classified as a mortgage rather than a sale, emphasizing the burden of proof and admissibility of oral evidence.
(1) [By Hon'ble Justice M.R. Shah]]Title Declaratory Suit – When plaintiffs claimed title on the basis of two sale deeds, it was for plaintiffs to prove even execution of sale deeds – Defendants were....
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