AIR 1988 ALLAHABAD 41 ::1987 All WC 1249 ::(1987) All WC 1249

Allahabad High Court

Hon'ble Judge(s): A. N. Dikshita , J

Civil P.C. (5 of 1908) , S.100— Second appeal - Interference - Cancellation of sale deed - Vendor an illiterate lady - Sale deed alleged to be outcome of fraud and undue influence - Material document i.e. acknowledgment in token of having received consideration not produced by vendor - Burden to prove execution of sale deed and passing of consideration not discharged by vendee - Plea by vendee that sale was necessitated to discharge debts, not convincing - Finding of fact that fraud and undue influence was perpetrated on vendor and that no consideration was paid to her - Cannot be interfered with. Case law discussed. Specific Relief Act (47 of 1963) , S.31— (Para 8 9 10)