Cancellation of deed - fraud could not be presumed solely on ground that signaturey was Pardanashin women - failed to prove fraud.

(2022) 3 MLJ 174

LNIND 2022 MAD 803

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Present:

Hon'ble Dr. Justice G. Jayachandran A.S. No. 612 of 2016

7th March

F. Mohamed Salam and Another

...Appl

Versus

Mohammed Syed Umma

Respe

Property Laws - Registered sale deed Plea of fraud Evidence Sections 91, 92, 101 and 102- Plaintiff filed suit to declare sale deed execu by her in favour of Defendants as null and void and declare her as able owner of suit property on ground that she executed document unde impression that it was usufactuary mortgage deed - Trial Court decreed hence this appeal - Whether trial court erred in declaring registered w deed/Ex.A-1 as null and void, based on ocular evidence of P.W-1 and Ex

Held, due execution of registered document is matter of presumption unde

law-To prove contrary, under section 101 and 102, burden is on person wh

pleads contrary- Embargo under Section 91 and 92, also to be satisfactor

cleared by Plaintiff who had pleaded contrary to content of register

document Plaintiff failed to discharge burden- Her deposition and doc

ments relied by her no way lead to hold Ex.A-1 was void documen

particularly, when Plaintiff failed to examine witness to registrati - Inordinate and unexplained delay in filing suit after receipt of Ex.A-3 rep coupled with suppression of her pleadings in suit filed by one of her tena admitting sale, goes to show that Trial Court unmindful of law and evident erroneously allowed suit - Plaintiff, who pleads fraud should establish b fraud was committed - Merely by retracting content of written register document, fraud could not be presumed solely on ground that signatory w Pardanashin woman Factum of Pardanashini would gain significance and be relevant only if factum of lack of meeting of mind was proved- Conduct of Plaintiff did not indicate that when she entered into agreement of sale under Ex.B-1 or when she executed sale deed and got it registered, she had n consensus ad idem Judgment of Trial Court set aside - Appeal allowed