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.