Further, the plaintiff attempted to project the 1990 GPA as a, doubtful document stating that the same had discrepancies with. 2019] had been preferred by defendant Nos. 4 and DW3, denied each other’s presence), we may refer to the definition of, ‘attested’ under Section 3 of the Transfer of Property Act, 1882, is something repugnant in the subject or context,42, "attested", in relation to an instrument, means and, shall be deemed always to have meant attested by, two or more witnesses each of whom has seen the. 2) was clearly in a form which. From Latin onus (“burden”). But before such a finding is arrived at, the, averments as regards alleged fiduciary relationship, must be established before a presumption of undue, influence against a person in position of active, confidence is drawn. D19 in favour of, Gurdial Singh regarding the management of land and, she admitted this thing in her crossexamination, after the death of Harbans Singh, she was taken to, Tehsil Office and when she was shown that power of. Onus, Onuses and Onusprobandi; plaintiff has not examined any that person. 10. 4 after admitting to have mortgaged the land had, said that he used that money to install tubewells and buy, tractors. They simply need to be able to raise the possibility of a defence and be able to refer to some form of evidence to be able to support their defence claim. Definition of onus probandi in the Definitions.net dictionary. 2), signed only by the vendor was valid and enforceable, 61. Thus, when the plaintiff admittedly used to. 388 i.e. 1, 4 to 6, interference by, the High Court in the present matter was unwarranted as the, same did not involve any substantial question of law. The page not only provides Urdu meaning of Onus but also gives extensive definition in English language. Then at this juncture the Learned Defence, Counsel raised the point that original attorney dated, 28.06.90 was witnessed by Teja Singh Lambardar and, Gurcharan Singh son of Gian Singh resident of Village, Ludiani. In view of my above discussion the appeal is, partly accepted to the extent that the appellantplaintiff, is owner in possession of land measuring 9 marlas out, of the land measuring 4 Kanals 13 Mis. DW 3 and DW 6 have denied, each others presence at the time of execution of the, 53. Suffice it to observe that since the plaintiff could not, establish the existence of fraud, it must follow that the suits are, 82. We may here refer to a decision of this Court in Damodar v. State of Rajasthan12, wherein it has been held that a, hypersensitive approach ought not be taken in cases where there, has been a delay in recording evidence. The subsequent purchasers also contested. Further, the defendant No. 11/2001 and, C.S. There is a presumption that a registered. 2 to 4 respectively and defendant No. The 1990 GPA is a registered document and enquiries were made, by verifying the same in the SubRegistrar’s, being satisfied, the said plot was purchased bonafide for, 20. It, was then contended that the sale consideration had not been, passed on to her which makes it evident that the sale deed was, never executed by her. 1 in, connivance with her husband Rattan Singh defendant, no. 4 deposed that he was present at the time of, execution of the sale deed on 03.07.1990 which was executed by, the plaintiff in favour of defendants No. 4. It is settled that the standard of proof required in a civil, dispute is preponderance of probabilities and not beyond, reasonable doubt. That evidence dispels the doubt if any; and tilt the, 81. Subsequent to the retirement of her husband in the year, 1999, the plaintiff shifted to Mohali and being closer to her, maternal home, the frequency of her meeting the relatives, increased.

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