IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M. Subramaniam, K. Rajasekar, JJ
B. Senguttuvan – Appellant
Versus
S. Karthikeyan – Respondent
ORDER :
K. RAJASEKAR, J.
This appeal has been filed by the appellant, who is the defendant in the original suit, to set aside the Judgment and decree passed on 29.04.2024 in O.S. No.2521/2019 by the III Additional City Civil Court of Chennai, wherein, he suffered decree that the agreement of sale dated 24.11.2016, which was executed in his favour has been cancelled and that awarding payment of Rs.10,00,000/- as damages along with cost.
2. The suit was originally filed by the plaintiff, who is the respondent herein before the Original Side of this Court, which is numbered as C.S.No.64 of 2018, later, it was transferred to the City Civil Court, Chennai based on the pecuniary jurisdiction and renumbered as O.S.No.2521 of 2019.
3.1 The case of the plaintiff is that he along with his family members were resided in their ancestral house at Melavalampettai, Karunguli, Madhuranthagam Taluk and his parents as well as his sister all died, committing suicide in their ancestral house. At that point of time, the plaintiff was a minor and he was taken care by his paternal aunt, namely Kanchana. The plaintiff's father namely Subramani, left behind a lot of properties at Melavalampettai, Karunguli, Ma
An advocate cannot exploit the trust of a vulnerable client, and agreements executed under misrepresentation are subject to cancellation and damages.
Fraud must be established by clear evidence; a sale deed executed for valid consideration is valid and cannot be canceled without substantial proof of misrepresentation.
The court recognized the validity of a sale transaction despite the plaintiff's claims of it being fraudulent, affirming that credible evidence established the execution of a sale agreement.
The main legal point established in the judgment is that the defendant's execution of the agreement to sell and the plaintiff's readiness and willingness to perform the contract were key factors in t....
A registered Sale Deed is conclusive and supersedes prior agreements unless fraud is specifically pleaded with particulars; allegations without detail are inadequate to support a claim.
The main legal point established in the judgment is that an unregistered agreement to sell does not confer any right, title, or interest over the property, and the person executing the agreement must....
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