IN THE HIGH COURT OF JUDICATURE AT MADRAS
Mrs. Justice T.V. Thamilselvi, J
V. Nirmala – Appellant
Versus
V. Vimala – Respondent
JUDGMENT :
1. The appellants have filed this Second Appeal against the judgment and decree dated 11.04.2014 in A.S. No. 15 of 2013 on the file of the II Additional District and Sessions Court, Vellore, Ranipet, in reversing the judgment and decree in O.S.No.78 of 2004 on the file of the Subordinate Court, Ranipet, dated 29.10.2012.
2. Heard Mrs.V.Srimathi, learned counsel for the appellants, Mr.R.Bharath Kumar, learned counsel appearing for the respondent, and perused the material available on record.
3. For the sake of convenience, the parties herein are referred to as they were ranked in the suit.
4. The appellants in this case are the defendants 1 and 2 in Suit O.S. No. 78 of 2004, filed before the Subordinate Court, Ranipet, by the 2-24 respondent/plaintiff. The suit was filed seeking relief for the delivery of vacant possession of the suit property. After contesting the case, the trial court dismissed the suit. Aggrieved by the dismissal, the plaintiff preferred an appeal, A.S. No. 15 of 2013, before the II Additional District and Sessions Judge, Vellore, Ranipet. The learned first appellate judge allowed the appeal. Challenging the said findings, the defendants have now preferred
Vimal Chand Ghevarchand Jain and others Vs. Ramakant Eknath Jadoo
The registered sale deed carries a presumption of genuineness, and the burden of proof lies on the defendants to establish it as a sham, which they failed to do.
The sale deed executed without valid payment consideration is deemed sham, preventing any title transfer, establishing that property ownership remains with original heirs under the valid Will.
A declaration of property ownership requires establishing possession; without it, claims regarding related deeds are insufficient.
The plaintiff must establish how fraud was committed and the relevance of consensus ad idem in executing the sale deed in a property dispute.
The main legal point established in the judgment is that possession is a good title against anyone who cannot show a better title. The court emphasized the importance of long possession and the burde....
Absence of the buyer's signature invalidates a sale agreement, requiring proof of the parties' intentions; the suit for specific performance is timely if filed within limitation after notice of refus....
A sale deed executed without consideration or under coercion is void under the Transfer of Property Act, 1882 and the Indian Contract Act, 1872.
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