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JASPREET SINGH
Sankata Devi – Appellant
Versus
Ram Deo – Respondent
JUDGMENT :
Jaspreet Singh, J.
1. Heard Shri A. R. Khan, learned counsel for the appellant. None has put in appearance on behalf of the respondents, hence the Court has proceeded to hear the learned counsel for the appellant.
2. This is the plaintiff's second appeal being aggrieved against the judgment and decree dated 14.10.1980 passed by the Civil Judge, Sultanpur allowing the defendants First Civil Appeal Nos.354 and 389 of 1979 as a result the suit of the plaintiff bearing Regular Suit No.170 of 1977 which was decreed by Munsif South, Sultanpur vide judgment and decree dated 02.11.1979 has been set aside by the lower appellate court and the suit of the plaintiff has been dismissed.
3. During pendency of the instant appeal, the respondents no.1, 2 and 3 had expired and they have been substituted by the legal heirs. However, for the sake of convenience the Court has referred to the parties as they were impleaded in the suit.
4. The aforesaid second appeal was admitted by means of order dated 14.11.1980. However, at the time of admission, the substantial question of law was not framed. Subsequently a Co-ordinate Bench of this Court by means of order dated 22.07.1990 had framed the follo
Sale - Validity - Defendants were not interested or they did not try to bring their case before court and lead evidence in support of their case to with respect to sale deed being sham, bogus or frau....
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 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 possession is a pure question of fact, and the findings of fact recorded by the lower courts cannot be interfered with unless they are based on no evidence or are perverse.
The courts upheld the validity of a sale deed executed by a relative, finding no proof of ownership or possession by the appellant, thus affirming the dismissal of the appeal.
A will's validity requires proof of execution, with the burden resting on its propounder to eliminate any suspicious circumstances surrounding its execution.
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