Burden of proof to establish that transaction was entered into by pardanashin lady, after clearly understanding its nature, rests upon person who seeks to sustain a transaction
Orissa High Court has held that the burden of proof shall always rest upon the person who seeks to sustain a transaction entered into with a pardanashin lady to establish that the said document was executed by her after clearly understanding the nature of the transaction. It should be established that, it was not only her physical act but also her mental act.
This was so held in the matter titled as Gajraj Pasayat vs. Debraj Pasayat on 30th April, 2018 as reported in MANU/OR/0230/2018.
Challenge
Plaintiffs-Respondent Nos. 1 and 2 instituted the suit for declaration that, the gift deed dated 15th December, 1967 executed by the mother and brother of Defendant No. 1 in favour of the Defendant No. 1 is a fraudulent one and not binding. The specific case of the defendant No. 1 was that the gift deed was executed in his favour and that it was acted upon. The trial Court decreed the suit with the finding that, the burden of proving the absence of fraud lies on the Defendant No. 1 in view of his relationship with the executants.
Held
The burden of proof shall always rest upon the person who seeks to sustain a transaction entered into with a pardanashin lady to establish that the said document was executed by her after clearly understanding the nature of the transaction. It should be established that, it was not only her physical act but also her mental act. The burden can be discharged not only by proving that the document was explained to her and that she understood it, but also by other evidence, direct and circumstantial as held by the Supreme Court in Mst. Kharbuja Kuer v. Jangbahadur Rai, wherein the apex Court held that “in India, pardanashin ladies have been given a special protection in view of the social conditions of the times; they are presumed to have an imperfect knowledge of the world, as by the pardah system they are practically excluded from social intercourse and communion with the outside world”.