In Brief
The appellant sued respondents for recovery of Rs. 10,48,000/- (claiming Rs. 10,50,000/- lent, with Rs. 5,00,000/- repaid) and Rs. 67,31,000/- (claiming unauthorized withdrawal/transfer from joint bank account). The trial court dismissed both suits. The first appellate court granted decrees. The High Court reversed, ordering refund of amounts paid in bail proceedings. The Supreme Court held that when a defendant admits receiving money but claims full settlement without written documentation, the burden of proof rests on the defendant. Similarly, when claiming authorized business investment, the defendant must produce books of account. The respondents failed to discharge this burden, and their contradictory pleas (gratuitous payment versus business transactions) were rejected. Appeals were allowed, decrees of the first appellate court restored, and costs awarded to appellant.
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