High Court of Bombay Allows Second Appeal in Possession Suit Based on Sale Deed — Burden of Proof on Plaintiff to Show Absence of Undue Influence When Fiduciary Relationship Exists. The court set aside the decree of the lower appellate court and remanded the matter for fresh consideration, holding that the plaintiff, being in a fiduciary relationship with the deceased illiterate vendor, had the onus to prove that the sale deed was not obtained by undue influence or fraud under Section 16 of the Indian Contract Act, 1872 and Section 111 of the Indian Evidence Act, 1872.
11 Jun 2015The case involves a second appeal arising from a suit for possession of property based on a registered sale deed dated 04.07.1983 executed by Smt. Bha...
