Sajjan Singh, advanced money to his step-son, Ghantilal while Ghantilal was a minor. Ghantilal, however, looks upon Sajjan Singh as his own father. When Ghantilal came of age, Sajjan Singh obtained, by misuse of parental influence, from Ghantilal, a bond for a greater amount than the sum due in respect of the advance. The contract clearly appears to be unconscionable. Upon whom will the burden of proof rest to prove the element of undue influence?
Principle: A contract is said to be induced by undue influence where the relations subsisting between the parties are such that one of the parties is in a position to dominate the will of the other and uses that position to obtain an unfair advantage over the other.
View solution