Supreme Court of India · 2007-08-29
Chacko And Another vs Mahadevan
- Citation / case number
- AIR 2007 SUPREME COURT 2967
- Court
- Supreme Court of India
- Petitioner
- Chacko And Another
- Respondent
- Mahadevan
- Author
- Markandey Katju
- Bench
- A.K. Mathur, Markandey Katju
Judgment text excerpt
The Supreme Court held that the sale deed dated 11.7.1983 executed by Chacko in favor of Mahadevan was vitiated by fraud as Chacko was not of sound mind at the time of execution, supported by medical evidence (Ext.A4). The Court emphasized that the First Appellate Court's findings of fact, including the unconscionable nature of the transaction, could not be interfered with by the High Court in a Second Appeal under Section 100 CPC. Consequently, the Court upheld the First Appellate Court's decree setting aside the sale deed and restoring the title to Chacko and Annakutty.