Banerjee submits that the law relating to
execution of document by pardanashin lady
equally applies to an illiterate lady and relies
upon a judgment ... ingredients required to prove the execution of the
document for pardanashin lady is also extended
to an illiterate lady. The judgment of the Privy
Council
pleading in the plaint that the original
plaintiff Kanaklata was a "Pardanashin" lady and
as such, the evidence led to that effect could ... entitled to the cloak of protection available to a
"Pardanashin" lady.
12. There is justification in such approach of the First
Appellate Court
erred in holding that the
plaintiff should be treated equally with the pardanashin lady and
is entitled to protection under section ... treated as a mortgage deed.
Though learned court below described plaintiff as pardanashin, lady but the
conditions required to be satisfied for treating a lady
decided the same principal as follows:-
"As regard documents taken from
pardanashin women (illiterate ladies
have been equated with pardanashin
women by judge-made ... person who seeks to sustain a
transaction entered into with a
pardanashin lady to establish that
the said document was entered into
by her after
Trial Court decreed the suit. On appeal the decree was sustained.
A Pardanashin lady and illiterate filed a suit for cancellation of two
deeds ... Defendant No. 1 for the management of her
properties. As a Pardanashin lady, she never went out of the house
except under exceptional circumstances
plaintiff to enter into such transactions, despite her being a pardanashin lady. Moreover, since
photocopies of the bank drafts showing payment of consideration were produced ... objection in the court below, categorically admitted that the plaintiff is a pardanashin lady,
thereby casting burden on the said defendants to prove the validity
behalf of the respondents that, the protection in Indian
law to a Pardanashin lady was extended to an illiterate woman.
Therefore, the burden of proof ... therefore not binding on her. In such context the
protection to a Pardanashin lady was extended to an illiterate lady. The
facts of the instant
shop room on behalf of the defendant No.1 as she is pardanashin
mohammedan lady and cannot run the business independently. In order ... possible.
On the other hand, the defendant No.1 is the widow pardanashin lady. Actually her
husband was the tenant under the plaintiffs. Her husband
land was acquired by Khemankari Devi who admitted herself to be a
Pardanashin lady rather it was obvious that Amulya Ratan being the karta ... adverse possession cannot be expected from
a lady who was basically a pardanashin lady (as admitted in her oral testimony as DW‐1)
without
their adopted
father. The plaintiff is an illiterate and rustic and
Pardanashin lady who could only put her signature but
she is not worldly-wise ... trial, it was proved that she was an illiterate
and Pardanashin, accordingly, the onus shifted upon the
defendants to establish that the said two deeds
