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Aachal Prakash th. LR’s. vs. Labhchand th. LR’s. & Anr.

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Hindu Minority & Guardianship Act, 1956–Sec. 8–Decree of cancellation of sale deed–Set aside by the First Appellate Court–Whether the sale was for any legal necessity or any antecedent debt ?–First Appellate Court relied upon the statements of witness K who appeared in witness box as also exhibited the receipt for an amount of Rs. 2,660/- vide which the debt was paid to him by the seller of property–The receipt specifically mentions that the property was mortgaged with K and after the repayment of the due amount, the original title deed was handed over to M–Findings recorded by the First Appellate Court are in consonance with law and in conformity with the settled position of law–Further, the burden to prove the issue nos. 1 to 5 was laid on plaintiffs–It cannot be said that the burden was shifted on the appellants by the First Appellate Court–Interference declined.