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Anita Rani v. Ashok Kumar & Others

Civil Appeal · 2021 INSC 905Decided 16 Dec 2021
Civil Appeal Nos. 7750-7751 of 2021
Justice Hemant Gupta · Justice V. Ramasubramanian

Background

The appellant filed two money-recovery suits against relatives: one for an unpaid balance of a loan, and another for large sums allegedly withdrawn or transferred from her bank account without authorization, which also led to a criminal complaint and anticipatory bail proceedings against the respondents. The trial court dismissed both suits, the first appellate court (the District Judge) reversed and decreed both in the appellant's favour, but the High Court, in second appeal, reversed again, dismissing both suits and even ordering the appellant to refund money the respondents had deposited during the anticipatory bail proceedings.

Decision Breakdown

The Supreme Court restored the first appellate court's decrees in the appellant's favour. It held that since the respondents admitted receiving the disputed sums, the burden shifted to them to prove their defence: that part of the money was repaid in full and final settlement, and another large portion was a gift made "out of love and affection." The Court found this defence self-contradictory and unsupported: the only documentary evidence (an affidavit about the "gift") was not even signed by the appellant and denied any transaction had occurred at all, which was inconsistent with the later claim of a settlement. Since the gift/settlement defence failed, Section 70 of the Indian Contract Act obliged the respondents to compensate the appellant for the benefit they had received.

Lesson Learnt

In a money-recovery case, once the defendant admits receiving the funds, the burden is on them to prove any defence such as a settlement or gift: vague, undocumented claims of an oral compromise generally will not be enough to escape liability.

Official source (sci.gov.in)View Judgment (PDF)

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