Burden of proof in forged deed disputes stays with the party alleging forgery unless fiduciary confidence is first proved.

The party asserting that a sale deed was forged or fabricated bears the initial burden under Sections 101 and 102, and that burden does not shift merely because the defendant is said to possess the document or occupy a dominant position. Section 111 applies only after a fiduciary relationship or active confidence is first proved; only then does the burden of showing good faith move to the party in the dominant position. Mere pleadings do not establish that relationship, and the difficulty of proving a negative does not alter the statutory allocation of proof. The courts below were therefore wrong to place the burden on the defendant without first finding the pleaded fiduciary relationship.

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Issues: Whether the initial burden of proving that the sale deed was forged or fabricated lay on the plaintiff, and whether the burden shifted to the defendant merely because the defendant was said to be in possession of the document or in a dominating position.

Analysis: Section 101 places the burden of proof on the party who asserts the fact in issue, and Section 102 keeps that initial burden on the plaintiff unless and until he adduces evidence sufficient to shift the onus. Section 111 applies only where the existence of a fiduciary relationship or a position of active confidence is first established; only then does the burden of proving good faith move to the party in the dominant position. Mere pleadings do not establish such relationship, and difficulty in proving a negative does not alter the legal incidence of burden. Possession of the original document by the defendant also does not by itself reverse the statutory rule.

Conclusion: The initial burden remained on the plaintiff to establish the factual basis for shifting the evidentiary burden, and the courts below were wrong in placing the burden on the defendant without first finding the pleaded fiduciary relationship or active confidence.

Ratio Decidendi: The party asserting a fact must first prove it under Sections 101 and 102, and the burden under Section 111 arises only after a fiduciary relationship or position of active confidence is proved.

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