Supreme Court: Appellate Courts Cannot Overturn Trial Court Verdicts Without Independent Reasons  ||  Supreme Court Acquits Three Men in 1979 Murder Case, Finding Serious Flaws in the Prosecution Case  ||  Supreme Court: Magistrate Cannot Order Filing of Chargesheet After Police Submit Closure Report  ||  Supreme Court: Landowners Cannot Claim Denial of Hearing After Failing to Avail the Opportunity  ||  Supreme Court: Property in Sale Deed Cannot Be Altered by Rectification Without Transferor's Consent  ||  Ahead of Rath Yatra, Orissa High Court Stays Release of 'Mahaprabhu Jagannath' Over Peace Concerns  ||  Gujarat High Court: Ancient Hindu Law Did Not Recognise Adoption of Girls Before HAMA  ||  Bombay High Court Orders DGP to Assess CCTV Systems and Footage Preservation at Police Stations  ||  Allahabad HC: Mother Receiving Maintenance from Real Son Cannot Claim it from Step-Son  ||  CCPA Imposes Rs.1 Lakh Penalty on SpiceJet Over Dark Patterns Used for Loyalty Programme Consent    

Birendra Sankar Sanyal and Ors. v. Dinesh Chandra Sarma - (High Court of Gauhati) (09 Sep 2015)

No duty of Defendant to disprove Plaintiff’s unsubstantiated case

MANU/GH/0774/2015

Law of Evidence

Plaintiff asserting illegal and in-operative deed for sale of land must prove as such and establish its own right, interest and possession over the land. Gauhati High Court dismissed a claim by the Plaintiffs for not having fulfilled the initial burden of proof under Sections 101 and 102 of the Evidence Act, 1872. It added, “there was no further duty on the part of the Defendant to lead evidence to disprove Plaintiffs’ case.” The case was predicated on Plaintiffs’ assertions that Defendant had failed to pay balance amount towards purchase of land, resulting in the cancellation of agreement to sell, and possession returning to Plaintiffs. However, no evidence was tendered to that effect; original sale deed was not adduced by Defendant, rendering ‘difficult’ for Plaintiffs to prove the same was a forged document.

Relevant : Anil Rishi vs. Gurbaksh Singh MANU/SC/8133/2006 Narayan Govind Gavate & Ors. v. State of Maharashtra & Ors. reported in MANU/SC/0015/1976 Indian Evidence Act, 1872

Section 101 of the Act Section 102 of the Act

Tags : SALE OF LAND   BURDEN OF PROOF   PLAINTIFF  

Share :        

Disclaimer | Copyright 2026 - All Rights Reserved