Supreme Court of India · 2001-07-19
Balmik vs Ramnaresh Singh And Ors.
- Citation / case number
- AIRONLINE 2001 SC 922
- Court
- Supreme Court of India
- Petitioner
- Balmik
- Respondent
- Ramnaresh Singh And Ors.
- Author
- V.N. Khare
- Bench
- V.N. Khare, Ruma Pal
Judgment text excerpt
The Supreme Court held that the first appellate court erred in not considering the trial court's finding regarding the fraudulent signature of Ramadhar on the unregistered sale deed dated 29.5.59, which was critical to the defendants' claim of possession. The Court emphasized that for the defendants to invoke Section 53A of the Transfer of Property Act, a valid agreement must exist, which was not established in this case. Consequently, the High Court's dismissal of the plaintiff's appeal was set aside, and the matter was remanded for reconsideration of the genuineness of the signature and the legal necessity for the sale.