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may 2006

Supreme Court of India · 2006-05-02

Anil Rishi vs Gurbaksh Singh

Citation / case number
AIR 2006 SUPREME COURT 1971
Court
Supreme Court of India
Petitioner
Anil Rishi
Respondent
Gurbaksh Singh
Author
S.B. Sinha
Bench
S.B. Sinha, P.K. Balasubramanyan

Judgment text excerpt

The Supreme Court upheld the High Court's order regarding the burden of proof in a suit concerning the validity of a sale deed under Section 101 of the Evidence Act. The Court emphasized that when a party claims a document is forged, the burden shifts to the party in possession of the document to prove its validity. The Court affirmed that the trial court's reframing of the issue to place the onus on the defendant was appropriate, as the defendant was in a dominating position to prove the genuineness of the sale deed dated 26.3.1991.

Anil Rishi vs Gurbaksh Singh · Niyam