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2025 Supreme(Online)(Mad) 74203

IN THE HIGH COURT OF JUDICATURE AT MADRAS
MRS. R. KALAIMATHI, J
M.Venkatachalam – Appellant
Versus
A.Bakthavachalam – Respondent


Advocates:
For the Appellant: Mr.K.S.Shangar Murali
For R1: Mr.S.Mukunth Senior Counsel for M/s.Sarvabhauman Associates
For R2 to R9: Mr.Mohamed Abdul Rasiq

Table of Content
1. ownership and fraud claims regarding sale deed execution (Para 3 , 18 , 19)
2. burden of proof under section 111 with respect to fraud (Para 10 , 12 , 21)
3. outcome of claims affected by limitation and support from earlier document executions (Para 27 , 28 , 29)

JUDGMENT

The sole plaintiff in O.S.No.89 of 2011 before the Sub Court, Mettur, who lost his case before the trial Court as well as the First Appellate Court – I-Additional District Court, Salem (A.S.No.29 of 2017) has preferred this Second Appeal against the judgment and decree dated 10.12.2018 passed in A.S.No.29 of 2017.

2. Parties are indicated herein as per their litigative status and ranking before the trial Court.

3. According to the plaintiff, he is the absolute owner of the suit property by virtue of partition deed dated 16.06.1999 registered in Document No.1941 of 1999 of Sub Registrar Office, Omalur. He is an illiterate person. In the year 2001, he was in need of money and one Selvam and Nagaraj introduced the 1st defendant who is doing money lending business. He borrowed a sum of Rs.1,00,000/- on 06.09.2001 and executed promissory note, signed in blank stamp papers and cheques in favour of the 1st d

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