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 ... undue influence and misrepresentation by her
niece and niece's husband.
Pardanashin woman, who is – Origin and
development of law, as to, traced
burden of proof in the case of pardanashin and an illiterate woman or the case where the rule of non est factum is applied ... documents and for the reason of illiteracy or she being a pardanashin woman and in such case, it has to be presumed that she could
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
position of law holding the field of proof of
sale made by pardanashin ladies which has the applicability also to
illiterate ladies hailing from rural ... kind."
The position thus emerges that executant being a
pardanashin woman, the deed was read out to her; it must further
be shown that
alternative, it is argued that Ms. Dakhan was an
illiterate and Pardanashin lady, therefore, there is a legal obligation of the
respondents/defendants to prove ... later did not honour their commitment. The appellant is an old pardanashin
lady and hard of hearing. The sale deed is the result of fraud
made by counsel for the appellants is that
Smt. Chhano was a pardanashin lady, therefore, there was no occasion for
her to cause appearance before ... plea of the appellants that Smt. Chhano was a
pardanashin lady, the same has been rightly rejected by the Court in Appeal
by holding that
defendant Smt. Mubina Begum
to show that she may be a pardanashin woman, but she has
been going out of her house to transact business ... witnesses have earlier admitted that defendant Mubina
Begum is a pardanashin woman. The effect of the matter is
3
HIGH COURT OF MADHYA PRADESH
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
tenanted premises.
10. It is submitted that some of the petitioners are pardanashin ladies and
hardly come in contact with the outside world ... also contended by the respondents that some of the petitioners are
pardanashin ladies and cannot come contact with the outside world therefore
these observations learned counsel for appellant
argued that the appellant, being a pardanashin lady, remaining under veil and
is thus unable to maintain herself ... suffering from depression.
15 As regards her claim that she is a pardanashin lady and thus
incapable of work is also not acceptable in view