SC: Filing a False FIR Alone does not Amount to Abetment of Suicide  ||  SC: Police Cannot Probe Offences under Pre-Conception & Pre-Natal Diagnostic Techniques Act  ||  SC: UP Gangsters Act Creates no Offence, Perpetuates Violence against Citizens  ||  SC: Caste Abuse in Private Space without Public Presence is not SC/ST Act Offence  ||  SC Reduces Judicial Service Practice Norm to 1 Year; Mandates Training & Clerkship  ||  SC: Wife’s Income does not Reduce Father’s Duty to Maintain Children  ||  SC: Government Cannot Revisit PSC Eligibility Decision When Service Rules Make it Final  ||  Allahabad HC: S.34 IPC Applies if Co-Accused Shares a ‘Functional Relationship’ with Offence  ||  P&H High Court: PSC Cannot Introduce Minimum Interview Marks After Medical Faculty Selection Begins  ||  MP HC: Comprehensive Insurance Doesn't Mean Unlimited Passenger Liability Without Terms    

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