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Supreme Court of India 2017-03-27 allowed

Champa Devi vs Sudama Dubey (Dead) & Ors

Bench: 2 — S. Abdul Nazeer

In Brief

Champa Devi's parents, elderly owners of agricultural land, executed a sale deed in 1982 favouring their son-in-law's wife. They later sought cancellation, claiming he obtained their signatures fraudulently by posing as obtaining grants for the father's leprosy. The Trial Court dismissed the suit; the First Appellate Court decreed it; the High Court reversed. The Supreme Court held that the First Appellate Court's finding of fraud was well-considered and binding. The defendant failed to prove consideration was paid, claiming it was remitted 10 years earlier without documentary evidence. Mere illness without proof of incapacity to understand does not invalidate signatures. The appeal was allowed and the sale deed cancelled.

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Civil Procedure Contract Law Fraud and Misrepresentation Property Law Evidence Burden of Proof

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