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march 1997

Supreme Court of India · 1997-03-14

SRI DOKKA SAMUEL vs DR. JACOB LAZARUS CHELLY

Citation / case number
SC 1997/62070
Court
Supreme Court of India
Petitioner
SRI DOKKA SAMUEL
Respondent
DR. JACOB LAZARUS CHELLY
Author
G.T. NANAVATI K. RAMASWAMY
Bench
G.T. NANAVATI K. RAMASWAMY

Judgment text excerpt

The Supreme Court held that the High Court erred in reviewing its earlier judgment regarding the nature of a sale deed, which was contested by the respondent as being for collateral purposes. The Court emphasized that the burden of proof lies with the respondent to establish that the sale was for real consideration, and the omission to cite relevant precedents does not constitute an error apparent on the face of the record. Consequently, the Supreme Court allowed the appeal, set aside the High Court's order, and upheld the decree of the appellate court, thereby decreeing the suit in favor of the appellant.

SRI DOKKA SAMUEL vs DR. JACOB LAZARUS CHELLY · Niyam