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.