Allahabad High Court Judgement
Sale deed – Cancellation of sale deed
A. The cancellation of a sale deed under the T.P.Act – S.54 was sought based on alleged undue influence and the plaintiff’s illness during execution. However, the plaintiff failed to establish their alleged illness during the sale deed’s execution. The doctors responsible for the prescriptions were not presented as witnesses, and the plaintiff’s brothers did not testify to the alleged undue influence by the defendant’s father.
B. Despite receiving consideration and converting it into a fixed deposit, the plaintiff’s suit seemed to be an afterthought. The burden of proving the plaintiff’s lack of undue influence was incorrectly shifted to the defendants by the appellate court. Consequently, the suit was dismissed.