2006 (10) TMI 499 - HC - Indian Laws

Appellate Court rules in favor of plaintiff, overturns sale deed due to fraud, misrepresentation

Markande Versus Sudama Chaubey And Ors.

The lower appellate Court overturned the trial Court's decision and ruled in favor of the plaintiff in a suit seeking cancellation of a sale deed due to ... - Issues involved: Suit for cancellation of sale deed on grounds of undue influence, misrepresentation, and fraud.The plaintiff filed a suit seeking cancellation of a sale deed, alleging that the deed was executed under undue influence and misrepresentation, with fraud practiced upon the plaintiff. The plaintiff and the defendant, who are from the same family, had a close association due to the plaintiff's circumstances. The defendant took over the plaintiff's farming job and convinced the plaintiff to execute a power of attorney, but instead got the sale deed executed in their favor. The plaintiff discovered this fraudulent execution after unauthorized activities on the property, leading to the filing of the suit. The trial Court, after considering the evidence, held that the sale deed could not be deemed fraudulent as the plaintiff failed to rebut the presumption of correctness of a registered document, citing Section 68 of the Indian Evidence Act.The plaintiff appealed the trial Court's decision, and the lower appellate Court found that the facts of fraud and misrepresentation were not disputed by the defendant. The defendant did not contest the suit by filing counter pleadings. The lower appellate Court concluded that the plaintiff's evidence, including the filed affidavit, supported the factual assertions made in the plaint, which were not contested by the defendant.