Niyam v2 is live — start for just ₹100 — 200 credits to try

august 2007

Supreme Court of India · 2007-08-29

CHACKO vs MAHADEVAN

Citation / case number
SC 1999/20557
Court
Supreme Court of India
Petitioner
CHACKO
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 and was hence null and void, as Chacko was not of sound mind due to Alcoholic Psychosis at the time of execution, supported by medical evidence. 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 Supreme Court upheld the decree in favor of Chacko and Annakutty, setting aside the High Court's judgment.

CHACKO vs MAHADEVAN · Niyam