AIR 1962 PATNA 168

Patna High Court

Hon'ble Judge(s): Kanhaiya Singh, Ramratna Singh , JJ

(A) Transfer of Property Act (4 of 1882) , S.122— Donor under influence of donee - Confirmation of gift. There can be no acquiescence in, or confirmation of, a transaction of gift by the donor until the donor knows his rights and is free from the influence of the donees. (B) Evidence - Appreciation of - One of the defendants filing written statement in support of case of plaintiff - Defendant not examined in court - Held that such statement, in the absence of the statement of the defendant on oath, is of no use to the plaintiff. (Para 10) (C) Contract Act (9 of 1872) , S.16— Undue influence - What constitutes - Party in dominating position must have used the position to obtain unfair advantage for himself - Transaction unfair on its face - Burden is on such party to prove. @page-Pat169that the other party was not induced to make the transaction by undue influence. Where a party challenges a deed of gift as bad on the ground of its having been executed under undue influence he must prove, firstly, that there was a special relationship between the donor and the donees on account of which the former relied upon the latter for advice and ....