AIR 1990 ORISSA 64

Orissa High Court

Hon'ble Judge(s): K. P. Mohapatra , J

(A) Evidence Act (1 of 1872) , S.101, S.102, S.103, S.104— Execution of document - Pardanashin illiterate lady alleged to have executed document - Burden of proof on person getting advantage under deed. Deed - Execution - Pardanashin illiterate woman executing document - Burden of proof. The principles which govern proof of execution of documents taken from Pardanashin woman are equally applicable to documents taken from illiterate woman. Further, in a case of execution of a document by an illiterate Paradanasin woman, burden is heavy on the person getting advantage under the document to establish that the contents of the document were read over and explained to her, she understood them, she had independent advice at the relevant time arid that the execution of the document was not only a physical act, but also a mental act. (Para 9) In the instant case, it will appear to a trained legal mind that there was a large extent of artificiality in the mode and manner the evidence was tendered. It would appear that the executant was an illiterate old lady who had no independent advice prior to the alienation. She was entirely under the influence of the defendant who was a son who obviously had an eye to garb the suit land of which she was the absolute owner. In such circumstances, undue....