Supreme Court · 1966 INSC 164 · Decided 14 September 1966
Subhas Chandra Das Mushib v. Ganga Prosad Das Mushib and ORS.
- Court
- Supreme Court of India
- Citation
- 1966 INSC 164 · [1967] 1 S.C.R. 331
- Case number
- CIVIL APPEAL No. 617/1964
- Decided
- 14 September 1966
- Bench
- K.N. WANCHOO, J.M. SHELAT, G.K. MITTER (3-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Contract Act Section 16
Headnote
Indian Contract Act, s. 16-Undue influence-Burden of . proof­ necessil)I of plea being clearly raised In pleadings. The suit in the present case was for declaring that a deed of settle­ ment executed by the plain.tiff's father and the plaintiff's sister in favour of the plantiff's leot, collusive and invalid and for cancellation of the said documenL The trial court dismissed the suit. However in appeal the High Court pro­ ceeded on the basis that in the circumstances of the case and in view of the relationship of the parties the trial court should have made a
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