MST. KHARBUJA KUER vs JANGBAHADUR RAI

The Supreme Court held that in cases involving a pardanashin lady, the burden of proof lies on the party seeking to enforce a deed to demonstrate that the lady executed it with full understanding of its implications. The High Court's reversal of the trial court's findings was deemed unjustified, as it incorrectly placed the onus on the appellant to prove fraud. The Court reaffirmed that the execution of the deed must be established as both a physical and mental act by the pardanashin lady, referencing precedents such as Farid-Un-Nisa v. Mukhtar Ahmed and Geresh Chunder Lahoree v. Mst Bhuggobutty Debia.