Supl. (1) 456
CITATOR INFO :
RF 1981 SC 707 (10)
ACT:
Pardanashin lady-Execution of deed-Binding mature-Burden of
proof.
HEADNOTE:
R, the husband ... that R and j had separated, that
the appellant was an ignorant pardanashin lady and that she
did not execute the deed after understanding
women in India who in some parts and some communities are pardanashin and in most parts of the country illiterate for the reason that they ... executed by a class of women in India who were identified as Pardanashin Ladies. This has been best stated in a judgment by the Privy
Madna Vati. Learned counsel contends that she being a Pardanashin woman could not converse nor was in a position to understand. She was confined ... plea raised in the written statement that she is a Pardanashin lady. The only plea is that she is an illiterate woman, remains constantly sick
contended in the first place that the plaintiff is a pardanashin entitled to the privileges of such and that it lies upon the defendants ... Zenana ladies go." Though the position of a pardanashin is claimed for her, she was not pardanashin in the strict sense of the term
regard to the established rule of law relating to transactions of pardanashin women. The learned Subordinate Judge has observed in his judgment ... pardanashin lady and she was bound to prove all these allegations of fraud and misrepresentation. This, in my opinion, she has failed
been stated that the plaintiff No. 1 is an illiterate and pardanashin lady of ill education. But P.W. 1 in her evidence stated that ... conclusion that the plaintiff No. 1 is an illiterate and pardanashin lady. In such circumstances the learned counsel for the appellant submits that the judgment
learned brother.
15. The appellant-mortgagor is said to be a pardanashin lady. She executed the
registered deed, not on commission but in the registration ... case. The principle is that whenever an instrument is executed by a pardanashin lady it must be clearly proved by the other party that
Singh. The plaintiffs' case was that Mst Barti Kuer was a pardanashin and simpleton lady who had no capacity' to understand the transaction ... definite case of the plaintiffs was that Mst. Barti Kuer was a pardanashin lady as stated in paragraph 4 of the plaint which part
connection with acquisition of bhumidhari rights. She being illiterate Pardanashin lady could not know about the contents of the document. About a month thereafter ... practised on her and that the deceased-plaintiff was not a Pardanashin lady.
4. The trial court dismissed the suit observing that Sabbirunnisan failed
this court has indicated the law regarding the transaction executed by a Pardanashin lady or an illiterate ignorant woman, though she may not be pardanashin ... following words:
"Rules regarding transaction by a Pardanashin lady are equally applicable to an illiterate and ignorant woman, though
