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april 1999

Supreme Court of India · 1999-04-09

MST.SUKHDEI (DEAD) BY LRS. vs BAIRO (DEAD) .

Citation / case number
SC 1980/62657
Court
Supreme Court of India
Petitioner
MST.SUKHDEI (DEAD) BY LRS.
Respondent
BAIRO (DEAD) .
Author
SANTOSH HEGDE
Bench
N.Santosh Hegde D.P.Wadhwa

Judgment text excerpt

The Supreme Court upheld the High Court's decision regarding the ejectment suit filed by the plaintiff against the defendants, asserting that the sale deed executed by Smt. Parago was valid and not a mortgage deed as claimed by the defendants. The Court emphasized the necessity of clear and sufficient pleadings of fraud under Order VI, Rule 4 of the Civil Procedure Code, and found that the defendants failed to substantiate their claims of fraud. Consequently, the appeal was dismissed, affirming the plaintiff's right to recover possession of the property.

MST.SUKHDEI (DEAD) BY LRS. vs BAIRO (DEAD) . · Niyam