Legal disability of minority

Plaintiff averred that being minor and 'Pardanasheen lady' at the time of sale i.e. 1952, burden of proof regarding validity of transaction, payment of sale consideration and transfer of possession shifted on defendant

Plaintiff alleged that transaction was based on fraud which would vitiate the transaction and that denial on part of defendant was vague and evasive

Defendant pleaded that whenever allegation of fraud was levelled in respect of mutation burden of proof would shift on plaintiff and that suit was time-barred

Validity

Sale mutation was attested in year 1952 whereas suit for declaration was filed in year 2000 after lapse of 48 years

If plaintiff was minor at the time of transaction she was legally bound to challenge sale transaction within prescribed period after attaining majority

Plaintiff along with her mother was shown as vendor in mutation but her mother had never challenged mutation in her lifetime

When longstanding entries in revenue record existed, plaintiff was obliged to prove element of fraud made upon her half century ago with cogent and confidence inspiring evidence

Revision was dismissed with costs.