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2. Hence, vide the present judgment, this Court shall give its findings on additional issue framed vide order dated 01.06.2016 and shall reassess the final outcome of the suit in light of the findings on the additional issue. The additional issue framed vide order dated 01.06.2016 is reiterated as follows:­ (6) Whether the plaintiff is entitled to the decree of cancellation of document i.e., Sale Deed dated 31.05.2002? OPP

3. The burden to prove the aforesaid issue is on the plaintiff. It is argued by Ld. Counsel for the plaintiff that for the purpose of deciding the issue of cancellation of sale deed, it is necessary that nature of contract between the parties is scrutinized. That in the present case there is a fiduciary relationship between the parties and defendant was holding a real and apparent authority over the plaintiff. Hence, as per Section 16 of Indian Contract Act 1872 (hereinafter referred to as 'the Contract Act'), the said contract, if any, was entered into under undue influence. Therefore, plaintiff has right to seek cancellation of alleged Sale Deed as the Sale Deed is a voidable at CS SCJ No. 728/2018 Dalip Kumar vs Baby Page No. 2 of 13 the instance of the plaintiff. That plaintiff has duly proved by way of evidence that the Sale Deed was entered into on account of fraud as defined in Section 17 of the Contract Act as well as on account of misrepresentation as defined in Section 18 of the Contract Act. Ld. Counsel for plaintiff has further argued that defendant has taken a plea in her written statement that she was being tortured and that family of plaintiff demanded Rs. 3,00,000/­. That it is the case of defendant that only on the receipt of Rs. 3,00,000/­ the alleged Sale Deed was executed in favour of defendant. Ld. Counsel has argued that without admitting the receipt of such amount, it is assumed that the sale consideration is through this amount of Rs.3,00,000/­, the alleged transaction is barred and is unlawful as such consideration is forbidden by law.

7. Cancellation has been sought by the plaintiff pleading that the Sale Deed has been induced by fraud, undue influence and misrepresentation and is therefore liable to be set aside. Thus, what has to be determined is whether plaintiff has been able to establish the ingredients of fraud, undue influence and misrepresentation in order to be entitled to a decree of cancellation of Sale Deed Ex.PW1/7. Section 17 of the Con­ tract Act defines fraud as under:

17. 'Fraud' defined.--'Fraud' means and includes any of the following acts committed by a party to a contract, or with his connivance, or by his agent, with intent to deceive another party thereto or his agent, or to induce him to enter into the contract:--