SC: Appeal U/S 374 CrPC/415 BNSS is Not Maintainable Against Sessions Court's Reversal of Acquittal  ||  SC Asked the Centre to Promote Awareness About the Consequences of Driving With an Expired Licence  ||  SC Explains How a Deceased Christian Wife's Property Devolves under the Indian Succession Act  ||  Supreme Court: Reach Stacker isn't a Motor Vehicle; MACT Claim Not Maintainable  ||  Supreme Court: Lift Makers, Operators and Owners Share Responsibility for User Safety  ||  Patna HC: Pressure to Sign Divorce and Child Custody does not Amount to Cruelty  ||  Bombay HC: Externment under the Police Act Requires Satisfaction About a Gang's Activities  ||  Bombay HC: False Travel Distance Claim Alone Doesn't Constitute Misappropriation  ||  J&K&L High Court: Interest on Delayed Gratuity is Not a Mandatory Pre-Deposit For an Appeal  ||  Meghalaya HC: Meritorious Candidate Cannot Be Denied Admission For a Two-Minute Delay    

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