NAVIN SINHA, INDIRA BANERJEE
Raja Ram – Appellant
Versus
Jai Prakash Singh – Respondent
Key Points:- The judgment discusses that mere old age or infirmity without evidence of mental incapacity does not prove undue influence (paras in p_9, p_10, p_11). (!) (!) (!) - It states that undue influence requires pleading with full particulars and cannot be inferred from relations alone; burden shifts under specific sections after prima facie case (paras in p_12, p_11, p_13, p_19). (!) (!) (!) (!) - The registered sale-deed carries a presumption of correctness, which the plaintiff must rebut (p_10). (!) - The onus to prove good faith in transactions where one party stands in a position of active confidence lies on the party in that position (p_22). (!) - The conclusion that there is no sufficient evidence of undue influence and that courts should not interfere with concurrent findings (p_17, p_17). (!) - The law emphasizes that there can be no application of law sans facts; proper pleadings supported by evidence are required (paras in p_1, p_6). (!) (!) - The decision notes that mere care or protection in family relations does not automatically establish undue influence (p_11). (!)
JUDGMENT :
NAVIN SINHA, J.
1. The appellant is aggrieved by the order allowing the second appeal preferred by the defendants. The High Court set aside the order of the First Appellate Court which had allowed the appeal of the appellant and set aside the order dismissing the appellants suit.
2. The plaintiff and defendant no. 2 are brothers. Defendant no. 1 was the wife of defendant no. 2. Respondent nos. 1 to 3 are sons of deceased defendant no. 1. Original plaintiff no. 2, another brother, has chosen not to pursue the appeal. The plaintiffs alleged that the original defendants obtained the sale-deed dated 02.03.1970 from their father Vaijai, since deceased, in favour of defendant no. 1, fraudulently, by deceit and undue influence because of old age and infirmity of the deceased and who was living with the defendants. The suit was dismissed. The appellate court allowed the appeal holding that the defendants had failed to discharge their burden of being in a position to dominate the will of the deceased by undue influence. The High Court reversed the order of the first appellate court and restored the dismissal of the suit.
3. Learned counsel for the appellant submitted that the decease
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