IQBAL AHMAD Vs. NAIMUL

JUDGEMENT

(1.) K. S. Rakhra, J. This is defendant's second appeal against the Judgment and decree dated 28-3-1987 passed by lind Additional District Judge, Faizabad In Civil Appeal No. 301 of 1982 by which the decree dated 15. 7j 982 of the trial Court in Regular Suit No. 256 of 1981, Abdul Wahid and others v. Iqbal Ahmed was reversed.

(2.) THE substantial questions of law on which the appeal has been pressed and the learned counsel for the parties have addressed the Court are following: (1) Whether the burden to prove that the sale deed was liable to be cancelled for the ground given in the plaint was on the plaintiff and whether the same was shifted to the defendants in this case. (2) Whether adverse Inference could be drawn against the defendant in the present case because he had failed to produce before the Court the original sale deed.

(3.) ON these pleadings, the trial Court framed several issues including the issue as to whether the plaintiff had executed sale deed dated 25-8-1981 and whether it was liable to be set aside on the ground mentioned In para 7 of the plaint. The trial Court decided against the plaintiff on the ground that the burden to prove the ground of challenge of the sale deed was on the plaintiff and the plaintiff had not adduced any oral evidence to prove them. The trial Court also repelled the arguments that the burden was on the defendants to prove that the plaintiff No. 1 had executed sale deed on 25-8-1981 in his favour. It was of the opinion that the burden lay on the plaintiff and the said burden was not discharged. It observed that there was presumption as to the legality and validity of the registered sale deed unless proved otherwise.