Chandra Bhan vs Aditya Prasad - 2024 Supreme(All) 1073

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2024 Supreme(All) 1073

RAJNISH KUMAR
Chandra Bhan – Appellant
Versus
Aditya Prasad – Respondent

Advocates Appeared:
For the Appellant : H.S. Sahai, Avadhesh Kumar, Om Prakash Pandey.
For the Respondent: R.S. Pandey, Aditya Kumar Tiwari, Chandra Bhooshan, Suyash Dwivedi, Vaishali Mishra.

JUDGMENT :

Rajnish Kumar, J.

1. Heard, Shri Avadhesh Kumar, learned counsel for the appellant and Shri Aditya Kumar Tiwari, learned counsel for the respondents.

2. This Second Appeal under Section 100 of the Civil Procedure Code 1908 has been filed against the judgment and decree dated 28.02.1986 passed by II Addl. District Judge, Faizabad in Civil Appeal No.410 of 1980; Smt. Ram Sanehi and others Versus Aditya Prakash which has been dismissed with cost affirming the judgment and decree dated 24.09.1980 passed by the Munsif, Hawali, Faizabad in Regular Suit No.182 of 1979; Aditya Prakash Pandey Versus Srimati Ram Sanehi and others, by means of which the suit had been decreed providing therein that the defendant no.1 would execute the registered sale-deed within one month after taking Rs.2000/- from the plaintiff failing which the plaintiff would get it done from the court on the expenses of defendants.

3. The substantial questions of law formulated in this appeal are as under:-

“(1) Whether the burden to prove that the transaction with an illiterate and infirm village lady was made, fairly, consciously and with independent advice of the lady or not was on the defendant-lady or on the pl