1982 (3) TMI 277

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....wn house and live with Basudeo Singh his nephew and Kunwar Pal his grandnephew son of another brother. But his misfortune did not leave him. While he was residing with his nephews he executed a sale deed on 11th Sept. 1967 of his entire agricultural land. Probably he was in haste here also as soon after he came back he filed the present suit on 28th May 1970 for cancellation of the sale deed alleging that at time of execution of sale deed he lacked power of rational judgment and the sale deed executed by him was a fictitious document. The trial court found that the young and the only son of the applicant having died and he having been ill-treated became depressed, lost mental balance and shifted to live with his nephews who taking advantage....

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....nsideration. Learned counsel maintained that due to death of his son and behaviour of Rajpal and Kayam Singh the appellant was not in a position to exercise his independent will therefore the burden to prove that the deed was written independently without exercise of any undue influence was on respondent as they were in an advantageous position and it is they who could establish that they did not abuse the confidence reposed in them. Reliance in this connection was placed on an unreported decision of this court in Daya Shanker v. Smt. Bachhi, First Appeal No. 307 of 1968 decided on 4-1-1980 : (since reported in AIR 1982 All 376) wherein the Division Bench after reviewing numerous authorities held, we are unable to comprehend as to why the b....