In a significant judgment, the Orissa High Court addressed the issue of whether a leprosy patient can be presumed incapable of executing a sale deed solely based on their medical condition. The court held that such incapacity cannot be assumed unless there is concrete evidence demonstrating that the individual lacked the physical ability to execute the document, such as the absence of fingers or palms.
Case Background
The dispute centered around a piece of land originally owned by Sk. Majudi and Sk. Zafar. Upon their deaths, the property was inherited by their respective descendants. The plaintiff, Belan Bibi, claimed that the contesting defendants, descendants of Sk. Maniruddin, attempted to forcibly take possession of the land. The defendants contended that they had rightful ownership based on sale deeds executed in 1947 and 1964 by Sk. Zafar and Sk. Majudi in favor of Sk. Maniruddin.
Belan Bibi challenged the validity of these sale deeds, asserting that Sk. Majudi had been suffering from leprosy since 1958 until his death and was physically incapable of executing the sale deed due to the loss of fingers, palms, and feet. She alleged that the sale deeds were fraudulent and that the property had never been legitimately transferred to Sk. Maniruddin.
Lower Courts' Findings
The trial court examined the evidence and concluded that the plaintiff failed to substantiate her claims. It found no convincing proof that Sk. Majudi had been afflicted with leprosy during the specified period or that he was physically incapable of executing the sale deeds. Additionally, the court noted the significant delay in challenging the sale deeds, which were decades old. Consequently, the suit was dismissed. This decision was later upheld by the Additional District Judge, Jajpur, in 2022.
High Court's Analysis
Upon appeal, the Orissa High Court scrutinized the arguments and evidence presented. The plaintiff's counsel highlighted an exhibited sale deed that mentioned Sk. Majudi being a leprosy patient, suggesting his incapacity to execute the document. However, the court observed that beyond this mention, there was no substantial evidence to corroborate the claim of physical incapacity.
The court emphasized that merely being diagnosed with leprosy does not automatically render an individual incapable of executing legal documents. For such a presumption to hold, there must be clear evidence demonstrating the individual's physical inability to perform the act, such as the absence of fingers or palms necessary for signing or marking a document.
Conclusion
The Orissa High Court concluded that in the absence of concrete evidence proving physical incapacity, it cannot be presumed that a leprosy patient is incapable of executing a sale deed. The court's decision underscores the importance of basing legal presumptions on tangible evidence rather than assumptions about medical conditions. This ruling provides clarity on the legal standing of individuals affected by leprosy concerning their capacity to engage in legal transactions, ensuring that their rights are not unjustly curtailed based on unfounded presumptions.
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