The appeal filed before the apex court against the decision passed by high court of Himachal Pradesh in keshav vs gian chand.
Gian chand and Dhangir filed a suit for declaration in the court for the land gifted through registered gift deed by late Hadri.
The trial court after hearing the suit observed that there is lack of voluntariness and animus in execution of gift deed. The court dismissed the suit as plaintiffs were not able to prove bonafide execution of gift deed.
The court of first appeal affirmed the decision passed by the trial court.
The second appeal filed by gian chand and dhangir before high court of himachal Pradesh. The high court allowed the appeal filed by the appellant without taking into account the background of fact.
The present appeal filed before the apex court. The apex court uphold the decision given by trial court and said that the high court is in error as it decided the appeal without going into background and reasoning of case.
Justice MR Shah and justice Sanjeev khanna held that “when a person obtain benefit from another person through gift the court call person to discharge the burden of proving that he exerted no influence for getting benefit from such person”.