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KSHITIJ SHAILENDRA
Bhagirathi – Appellant
Versus
Indradev – Respondent
JUDGMENT :
Kshitij Shailendra, J.
1. Heard Shri Arun Kumar Singh, learned counsel for the appellant and Shri V.K. Ojha, Advocte holding brief of Shri Mukesh Kumar, learned counsel for the respondents.
2. The instant appeal arises out of a suit for cancellation of two registered sale deeds dated 28.11.1989 and 09.01.1991.
3. The first sale deed was executed by plaintiff in favour of the defendant no. 1 whereas, the second sale deed was executed by the defendant no. 1 in favour of defendant no. 2.
4. The plaint case was that execution of sale deed was a result of fraud in as much as on the date of execution of the sale deed, the defendant No. 1 had taken the plaintiff to the Registry office for the purposes of execution of a gift deed in favour of appellant's daughter Seema and under the garb of execution of the said gift deed, the sale deed was also got executed. Plaintiff alleged him as an illiterate rustic villager and also stated that no sale consideration was paid by the vendee to the vendor. The defence was that both the documents were lawfully executed and no fraud was committed with the plaintiff.
5. The trial court decreed the suit observing that there was contradiction in the sta
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.
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.
The main legal point established in the judgment is the importance of pleadings in determining the burden of proof and the inability to shift the burden without the necessary pleadings.
A registered sale deed cannot be set aside on grounds of oral claims of fraud or coercion unless substantiated with clear evidence, and a non-payment of full consideration does not invalidate the dee....
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 burden of proof in allegations of fraud lies on the party in active confidence, and claims of ignorance are undermined by the execution of prior documents.
A registered sale deed is presumed valid, and the burden to prove fraud lies on the party alleging it, requiring substantial evidence to support such claims.
The validity of a registered sale deed is presumed unless strong evidence of fraud or intoxication is presented, and claims of limitation must be substantiated.
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