Kerala HC: Persons With Down Syndrome Get Protection and Guardianship under National Trust Act, 1999  ||  J&K&L HC: Contractual Staff Cannot Claim Payment Beyond Contract Period Without Proving Work  ||  J&K&L HC: Revisional Powers U/S 15 Must be Exercised in Reasonable Time, Not After 20-Year Delay  ||  MP High Court: Revoking Building Permission Without Fraud Proof Violates Right to Property  ||  Madras HC: Centre’s Consent For Remission is Needed only When Sentence under Central Act is Ongoing  ||  Delhi HC: Private School Employees Entitled to Child Care Leave Equivalent to Government Employees  ||  Supreme Court Has Released Draft Regulations on AI Use in the Judiciary and Invited Public Feedback  ||  Supreme Court: MMDR Act Royalty Hikes Prevail over Contractual Terms  ||  Delhi HC: Daughter-In-Law Has No Independent Right in Mother-In-Law’s Self-Acquired House  ||  SC: Prolonged Separation Can Constitute Cruelty and Desertion    

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