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Supreme Court of India 2017-03-23 allowed

Champa Devi vs Sudama Dubey (Dead) & Ors

Bench: 2 — S. Abdul Nazeer

In Brief

Champa Devi's parents, Shree Ram and Sursatti, executed a sale deed in 1982 transferring agricultural land to Prabhawati Devi (wife of Ram Lakhan Dubey, Shree Ram's brother). Within two months, they sued to cancel it, alleging fraud: Ram Lakhan Dubey had obtained their signatures under the false pretext of securing government grants for Shree Ram's leprosy, not for genuine sale. The trial court dismissed the suit, but the First Appellate Court reversed, finding fraud proved. The High Court then reversed again. The Supreme Court reinstated the First Appellate Court's judgment, holding that the fraud was established—the defendant exploited vulnerable elderly persons suffering illness by misrepresenting the purpose of their signatures, and the alleged consideration lacked credible proof.

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Property Law Contract Law Sale Deed Fraud and Misrepresentation Succession Law Civil Procedure

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