P. VADAMALAI
K. Selvamuthukumar – Appellant
Versus
S. R. Krishnan – Respondent
JUDGMENT (COMMON)
The Second Appeal in S.A(MD)No.501 of 2017 is filed against the judgment and decree dated 24.11.2016 passed in A.S.No.30 of 2015 on the file of the Principal District Court, Sivagangai, confirming the judgment and decree dated 09.06.2015 passed in O.S.No.9 of 2007 on the file of Sub Court, Sivagangai.
2. The appellant is the plaintiff and the respondent is the defendant in O.S.No.9 of 2007 on the file of Sub Court, Sivagangai. The appellant/plaintiff filed the suit for recovery of money.
3. The Second Appeal in S.A.(MD)No.476 of 2021 is filed against the judgment and decree dated 07.04.2021 passed in A.S.No.162 of 2019 on the file of the Sub Court, Manamadurai, confirming the judgment and decree dated 14.07.2017 passed in O.S.No.53 of 2007 on the file of the Principal District Munsif Court, Manamadurai.
4. The appellant is the defendant and the respondent is the plaintiff in O.S.No.53 of 2007 on the file of the Principal District Munsif Court, Manamadurai. The respondent/plaintiff filed the suit for ejectment.
5. For the sake convenience, the parties are referred as plaintiff and defendant as arrayed in O.S.No.9 of 2007 on the file of the Sub Court, Sivagangai.
6.
S. Balakrishnan vs. V. Gokilnath and Anr.
Periyasamy vs. Parvathy and Anr.
G. Rama Rajalakshmi vs. M. Sampath Kumar
No relief can be given in a suit barred by limitation.
The main legal point established in the judgment is the admissibility of unregistered and insufficiently stamped documents for collateral purposes under Section 49 of the Registration Act, 1908, afte....
The main legal point established in the judgment is that reliance on an unregistered document and failure to seek necessary reliefs can render a suit not maintainable.
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.
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.
The court held that the plaintiff failed to establish the genuineness of the sale agreement, thus denying the relief of specific performance.
An unregistered Mortgage Deed cannot be relied upon for recovery of money, necessitating remedies under Order 38 Rule 5 CPC instead of Order 39 Rule 1 and 2 CPC.
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