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Supreme Court of India 2020-11-16 allowed

Rattan Singh & Ors vs Nirmal Gill & Ors. etc

Bench: 2 — <UNKNOWN>, <UNKNOWN>

In Brief

In this civil appeal, the Supreme Court examined whether a registered sale deed could be invalidated on grounds of alleged fraud. The plaintiff had challenged the document, but the High Court set aside the lower courts' findings based on discrepancies and doubts. The Supreme Court held that the burden was on the plaintiff to prove fraud, not merely to raise doubts. The Court found the trial court and first appellate court had properly assessed the evidence from attesting witnesses and independent witnesses, which supported the deed's authenticity. The High Court's reliance on circumstantial factors like inability to identify photographs was error. The Court allowed the appeal, restoring the lower courts' judgments in favour of the defendants.

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Civil Procedure Evidence Documentary Evidence Fraud Registered Deeds Appellate Review Standard of Proof

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