REPORTABLE

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 562 OF 2003

RANGAMMAL

.. Appellant

Versus

KUPPUSWAMI & ANR.

..Respondents

J U D G M E N T

GYAN SUDHA MISRA, J.

This appeal by special leave has been filed by the

appellant Tmt. Rangammal against the order dated

11.07.2002 passed by the learned single Judge of the High

Court of Judicature at Madras in Second Appeal No.

703/1992 by which the appeal was dismissed by

practically a summary order although the substantial

question of law which was formulated at the time of

admission of the appeal was as follows:

“Whether the sale deed executed by the

de facto guardian on behalf of the minor

without the permission of the court

could be held to be valid ?

2.

However, on hearing the appeal in the light of

the prevailing facts and circumstances of the instant

matter, we are of the view that the question also arises

whether in a partition suit filed by the plaintiff/respondent

No.1 herein, the courts below could shift the burden of

proof on the defendant - appellant regarding the validity of

a sale deed, whic