In Brief
A appellant sought possession of property based on a 1978 sale deed for Rs. 10,000. The trial court dismissed the suit, but the first appellate court reversed and decreed in the appellant's favour. The High Court then upheld the trial court's dismissal without properly assessing evidence, finding the sale deed was nominal and executed as collateral security for a loan, not as a genuine sale. The Supreme Court held the High Court erred by mechanically upholding the trial court without examining evidence under Section 103 of the Civil Procedure Code. The judgment was remanded to the High Court for fresh consideration on both facts and law within six months, allowing the appellant to contest the factual finding that the deed was nominal and non-binding.">
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