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may 1959

Supreme Court of India · 1959-05-12

PARES NATH THAKUR vs SMT. MOHANI DASI AND OTHERS

Citation / case number
SC 1957/60086
Court
Supreme Court of India
Petitioner
PARES NATH THAKUR
Respondent
SMT. MOHANI DASI AND OTHERS
Bench
SINHA, BHUVNESHWAR P.

Judgment text excerpt

The Supreme Court held that the High Court erred in shifting the burden of proof regarding the validity of a trust deed under Order 21, Rule 63 of the Code of Civil Procedure. The Court emphasized that the question of whether a trust deed is fictitious is a matter of fact, and the burden lies on the plaintiff to prove its fraudulent nature. The High Court's decision to overturn the concurrent findings of the lower courts was set aside, reaffirming that the High Court cannot interfere with factual findings in a second appeal, regardless of their perceived errors.

PARES NATH THAKUR vs SMT. MOHANI DASI AND OTHERS · Niyam