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.