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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Ms Justice R.N.MANJULA
Munialakshmi – Appellant
Versus
Pappamma – Respondent
JUDGMENT :
(R.N. MANJULA, J.)
This Second Appeal has been filed to set aside the judgment and decree dated 02.08.2010 made in A.S.No.19 of 2009 on the file of the Principal Subordinate Judge at Krishnagiri reversing the judgment and decree dated 30.10.2008 made in O.S.No.133 of 1996 on the file of the District Munsif Court at Krishnagiri.
2. The appellants are the defendants. The deceased first plaintiff by name Varadappan has filed a suit against the defendants for seeking the relief of declaration and permanent injunction. The Trial Court has dismissed the suit and the First Appeal preferred by the plaintiffs 2 to 8 was allowed and the judgment and decree passed by the Trial Court was set aside. Aggrieved over the same, the defendants have filed this Second Appeal.
3. Heard Mr.K.Venkatasubban, learned counsel for the appellants and Mrs.V.Srimathi, learned counsel for the respondents and perused the materials available on record.
4. The short facts pleaded in the plaint are as follows:
The suit property was purchased by the deceased Varadappan who was the first plaintiff in the suit, through a sale deed dated 12.06.1989 executed by Thimmappa, husband of the first defendant. The suit pro
Legal necessity must be proven to invalidate a sale deed executed for minors' benefit, with the burden of proof on defendants to contest authenticity.
It is clear that in order to contend that transaction was a mortgage and not out and out sale, it requires compliance with provisions of law set forth hereinabove and in absence of same, such content....
Proper party inclusion is essential in property disputes, and claims of fraud must be substantiated by convincing evidence.
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.
The sale made by a guardian is voidable, but a suit to challenge it must be filed within the limitation period. Failure to challenge intervening sale deeds and non-joinder of necessary parties can le....
A sale deed executed without consideration or under coercion is void under the Transfer of Property Act, 1882 and the Indian Contract Act, 1872.
The legal principle established is that in cases involving the sale of joint family property, the burden of proving legal necessity lies with the purchaser only if the plaintiffs have properly pleade....
Sales executed by a natural guardian without court permission under the Hindu Minority and Guardianship Act are voidable, remaining valid until the minor challenges them within three years of attaini....
Sale deeds executed by a senior family member are valid if conducted for legal necessity and with mental competency, reinforcing the rights of the karta under coparcenary property law.
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