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Supreme Court Of India

(From : 2002 (2) Ind Civ Cas 683 (Cal))

Hon'ble Judge(s): Doraiswamy Raju, Arijit Pasayat , JJ

(A) Evidence Act (1 of 1872) , S.111— Burden of proof - Settlement deed alleged to be executed by old, ailing, illiterate person aged 106 years - No witness was examined to prove execution of deed or putting thumb imperssion on it - Challenge as to validity by plaintiff - Onus to prove execution of deed - Cannot be placed on plaintiff - Burden of proving good faith of transaction would be on defendant, dominant party i.e. the party who is in position of active confidence. In the instant case the Court was dealing with a case where an old, ailing illiterate person was stated to be the executant of the settlement deed and no witness was examined to prove the execution of the deed or putting of the thumb impression. The plaintiffs challenged the validity of the settlement deed alleged to be executed by person aged 106 years, placing the onus to prove the execution of deed on the plaintiff was not proper. The onus to prove the validity of the deed of settlement would be on the defendant. When fraud, misrepresentation or undue influence is alleged by a party in a suit, normally, the burden is on him to prove such fraud, undue influence or misrepresentation. But, when a person is in a fiduciary relationship with another and the latter is in a position of active confidence the burden of proving the absence of fraud, misrepresentation or undue influence is upon the ....