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28. In order to ascertain whether consent for partition and for the release deed have been obtained by undue influence or fraud played by the defendants upon the plaintiff, it is apposite to comprehend the meaning of the two terms. 'Undue influence' is defined in Section 16 while Section 17 defines 'fraud' and both sections are extracted as below;

"S.16. Undue influence defined- (1) A contract is said to be induced by 'undue influence' where the relations subsisting between the parties are such that one of the parties is in a position to dominate the will of the other and uses that position to obtain an unfair advantage over the other.

S.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:

(1) the suggestion, as a fact, of that which is not true, by one who does not believe it to be true;

(2) the active concealment of a fact by one having knowledge or belief of the fact;