PARES NATH THAKUR versus SMT. MOHANI DASI AND OTHERS

PARES NATH THAKUR versus SMT. MOHANI DASI AND OTHERS

The High Court was not competent in second appeal to disturb the concurrent findings of fact by the courts below, nor to misplace the burden of proof. The plaintiffs failed to discharge their heavy burden to prove the deed was fictitious and the High Court erred both in law and on facts. Therefore, the High Court's reversal was unsound and the suit must be dismissed.

Parties
Appellant: Pares Nath Thakur; Respondents: Smt. Mohani Dasi and Others
Jurisdiction
India
Judgment Date
12 May 1959
Procedural Posture
Civil Appeal / Appeal by Special Leave From the Orissa High Court, Second Appeal
Outcome
Appeal allowed. Suit dismissed.
Legal Topics
Burden of Proof, Sham Transactions, Second Appeal, Findings of Fact, Declarations Concerning Trust Deed, Execution Proceedings
Civil Procedure Burden of Proof Sham Transactions Second Appeal Findings of Fact Declarations Concerning Trust Deed Execution Proceedings

Case Brief

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Parties

Pares Nath Thakur

Appellant

Smt. Mohani Dasi and Others

Respondents

Procedural Posture

Civil Appeal / Appeal by Special Leave From the Orissa High Court, Second Appeal

Legal Issues

  1. 1 Whether the deed of trust executed in favour of the appellant deity was a sham and fictitious document and whether the properties covered by it were liable to be sold in execution of the decree.
  2. 2 Whether the High Court in second appeal could interfere with concurrent findings of fact of lower courts.
  3. 3 Where the burden of proof lies in a suit seeking declaration that an order upholding a third-party claim is erroneous and a registered document is fictitious.

Ratio Decidendi

The High Court was not competent in second appeal to disturb the concurrent findings of fact by the courts below, nor to misplace the burden of proof. The plaintiffs failed to discharge their heavy burden to prove the deed was fictitious and the High Court erred both in law and on facts. Therefore, the High Court's reversal was unsound and the suit must be dismissed.

Court Disposition

Appeal allowed. Suit dismissed.

Orders

  • Judgment of the High Court set aside.
  • Suit of the plaintiffs dismissed.