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S. SOUNTHAR
Rajammal – Appellant
Versus
Varghese (Died) – Respondent
JUDGMENT :
S. SOUNTHAR, J.
Prayer: Second Appeal filed under Section 100 of C.P.C. against the judgment and decree dated 11.04.1987 made in O.S. No. 619 of 1983 on the file of 2nd Additional District Munsif Court, Kullithurai, as confirmed by the judgment and decree dated 18.07.2002 made in A.S. No. 96 of 1997 on the file of the 2nd Additional Sub Court, Kullithurai.
1. The legal representatives of the deceased sole plaintiff, who were brought on record as plaintiffs 2 to 4, 6 and 7, are the appellants. The suit was filed to set aside the sale deed dated 26.09.1983 allegedly executed by the first defendant in favour of the second defendant. The suit was dismissed by the trial Court and the findings of the trial Court were affirmed by the first appellate Court. Aggrieved by the concurrent findings, the plaintiffs have come by way of this Second Appeal.
The averments found in the plaint:
2. According to the plaintiffs, the deceased first plaintiff Gabriel was the son of the deceased first defendant Rayappan @ Ponnam Perumal. The first defendant got four sons. He received Rs.1,000/- from each of his sons and orally surrendered the suit property to the deceased first plaintiff and his othe
A sale deed including fictitious properties is void under Section 28 of the Registration Act, but the burden of proof lies with the party alleging fraud.
The inclusion of fictitious property in a sale deed does not invalidate it unless fraud is proven; registered documents are presumed valid.
The Court upheld the validity of the earliest sale deed, ruling that subsequent transactions without proper authority and consent are void, while affirming jurisdiction based on registration location....
Proper party inclusion is essential in property disputes, and claims of fraud must be substantiated by convincing evidence.
The execution of a sale deed is binding if the parties are present and the statutory procedures for disabilities are adhered to, dismissing claims of forgery when sufficient evidence exists.
The plaintiff must establish how fraud was committed and the relevance of consensus ad idem in executing the sale deed in a property dispute.
(1) A registered document carries with it presumption of correctness unless proved otherwise.(2) Agreement to Sell – Doctrine of bona fide purchaser does not protect a subsequent purchaser if vendor ....
An unregistered sale deed is invalid for specific performance claims, and the burden of proof lies with the plaintiff to establish the validity of the transaction.
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