In Brief
An elderly couple, Shree Ram and Sursatti, suffering from leprosy and fever, executed a sale deed in 1982 to Ram Lakhan Dubey's wife after he misrepresented that signatures were needed for government grants. The couple filed suit within two months to cancel the deed. The First Appellate Court found the deed was executed through fraud and deceit and cancelled it. The High Court reversed this, holding that mere illness without proof of mental incapacity does not invalidate the deed. The Supreme Court allowed the plaintiffs' appeal, holding that where evidence shows signatures were obtained through misrepresentation and the alleged consideration was paid a decade earlier, fraud is established and the sale deed must be cancelled. The First Appellate Court's findings were entitled to respect."
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