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Vishram Shukla – Appellant
Versus
Rajdei – Respondent
JUDGMENT :
J.J. Munir, J.
1. This is a plaintiff's Second Appeal, arising from a Suit for specific performance of contract.
2. The facts giving rise to this Appeal are these:
One Kewla Prasad was the bhumidhar of Plot No.563, ademeasuing 2-17-17, situate at Mauza Tisentulapur, Pargana Khairagarh, District Allahabad (now Prayagraj). Kewla Prasad transferred an area of 12 biswa 17 dhur in favour of Ram Shringar, Ram Surat and Kailash Nath, sons of Shyam Lal. He transferred the residue of 2 bigha 5 biswa in favour of Smt. Rajdei, the wife of one of his grandsons, Uma Shankar in the branch of his son, Shiv Mohan and his minor son, Girja Shankar. The transfer aforesaid in favour of Smt. Rajdei and Girja Shankar was made through a registered sale deed dated 29.05.1986. About a month and a half after the sale deed last mentioned was executed by Kewla Prasad in favour of Smt. Rajdei and Girja Shankar (minor), it was claimed by one Vishram Shukla that Smt. Rajdei and the minor, Girja Shankar, represented by his mother and guardian, Smt. Sukhdei, had executed a registered agreement to sell in his favour on 15th July, 1986, covenanting to transfer the property, received by them through the sale d
The doctrine of non est factum applies when an illiterate person executes a document without understanding its nature, rendering the document void. Section 92 Proviso 1 allows evidence to show a cont....
(1) Cancellation of a sale deed would be necessary only where it is alleged to be voidable on facts - Where it is alleged that the document of sale is void, then no cancellation would be necessary an....
The burden of proof regarding the execution of a sale agreement lies with the party denying its existence, and failure to provide evidence can lead to adverse inferences against that party.
The execution of the sale deeds by an elderly woman was deemed valid as the burden of proof regarding fraud and lack of consideration lay with the plaintiffs, which they failed to establish.
(1) Agreement to sell – Suit for specific performance – Purchaser who has paid full consideration and received original title deeds from seller would have taken possession under normal circumstances ....
The court held that the plaintiffs failed to prove the existence of a valid oral agreement for the sale of land, leading to the dismissal of their suit for specific performance.
In cases involving illiterate or pardanashin women, the burden of proving the proper execution and understanding of a document lies with the beneficiary, particularly when allegations of undue influe....
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