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Civil Property & InheritanceDelhi High Court

Smt. Rani vs. Sh. Ram Sarup (since deceased) through LRs

Regular Second Appeal · CNR No. DLHC010248842022Decided 1 Oct 2026New Delhi Bench
RSA 69/2022CNR: DLHC010248842022
Justice Neena Bansal Krishna

Background

The original plaintiff sued to cancel a sale deed dated 08.03.2006 that he had executed in favour of the appellant, arguing that he was defrauded and unduly influenced into it and that the claimed consideration of Rs 1 lakh was never actually paid. He had also made a Will dated 15.10.2013 disinheriting her, and had lodged police and DCP complaints in 2013 alleging fraud. The Civil Judge cancelled the sale deed and ordered possession on 09.04.2018, and the First Appellate Court upheld that decision.

Decision Breakdown

The High Court dismissed the second appeal. It held that the finding of fraud and undue influence is a finding of fact that was upheld by both the trial and first appellate courts, so it did not warrant interference. The appellant could not prove how she had generated Rs 1 lakh in cash, given her bank passbooks and her own evidence on income. The Court also noted that once both sides had led evidence, the question of who bore the burden of proof lost significance, and that the deed's genuineness had to be assessed on the whole record.

Lesson Learnt

A buyer who claims a sale price was paid in cash must be able to prove it, since an unexplained payment can cast doubt on a sale. Higher courts rarely overturn factual findings that two lower courts have agreed on.

Smt. Rani vs. Sh. Ram Sarup (since deceased) through LRs – Legal Case Shots | LegalAware