actual
undue influence, which apply to all persons whether
they be pardanashin ladies or not.
(6) The next question is what is the scope ... Privy Council held that as regards documents taken
from pardanashin women the court has to ascertain
that the party executing them has been a free
sale deed. No
consideration was paid to her. She is an illiterate pardanashin lady
and only knows how to sign her name. With this factual ... possession of the
land. The plaintiff is not a pardanashin or illiterate lady. She can
write her name and read the document. She is able
supra), a Division Bench of this
Court held that rule applicable to pardanashin ladies on the ground
9
of their ignorance and illiteracy should apply ... poor
lady who is equally ignorant and illiterate, but is not pardanashin. It
was further held that it is incumbent of the person transacting with
there was no agreement. No consideration
was paid. She is an illiterate pardanashin lady. One Joysing Patnaik,
P.W.2, took her signature in some ... counsel for the
respondents, submits that defendant no.1 is an illiterate
pardanashin lady. She had not executed any sale deeds in favour
mother had purchased the suit property out of stridhan.
She was a pardanashin lady. Defendant no.5 was the husband of
Manika. After death
execution
of such a document by Tulsa who was an illiterate
pardanashin lady has been proved at all ?"
07. Heard Mr. Budhiram Das, learned ... defendant is
the adopted son of Tulsa. Tulsa was an illiterate and pardanashin
lady. She had not duly executed the sale deed. The courts below
community, obsequies
(Fatiha) are observed for forty days. Surma Bibi was a
pardanashin woman. She did not know how to read and write.
Both
finding of the learned lower appellate court that the plaintiff is
a pardanashin lady and without understanding the contents of the
document
principles
which govern the proof of execution of documents taken from
pardanashin woman equally apply to the documents taken from an
illiterate woman.
11. There
principles which govern
the proof of execution of documents taken from pardanashin woman
equally apply to the documents taken from an illiterate woman
