Supreme Court · 1959 INSC 80 · Decided 12 May 1959
Pares Nath Thakur v. SMT. Mohani Dasi and Others
- Court
- Supreme Court of India
- Citation
- 1959 INSC 80 · [1960] 1 S.C.R. 271
- Case number
- CIVIL APPEAL No. 655/1957
- Decided
- 12 May 1959
- Bench
- BHUVNESHWAR PRASAD SINHA, P.B. GAJENDRAGADKAR, K.N. WANCHOO (3-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC
Headnote
COURT REPORTS PARES NATH THAKUR v. SMT. MOHANI DASI AND OTHERS (B. P. SINHA, P. B. GAJENDRAGADKAR and K. N. W ANCHOO, JJ.) 271 Execution-Deity's claim based on deed of trust upheld ~y executing court-Suit by decreeholder-Deed, if fraudulent in character-Burden of proof-Concurrent findings of provisions of 0. 2r, r.' 63 of the Code of Civil Procedure for a declaration that the deed of trust executed in favour of the appellant deity was a sham and fictitious document and the properties covered by it were liable to sold in execution of their decree. The courts below dismissed the suit
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