Supreme Court of India · 2008-04-29
VIJYA KUMAR vs SUKHDEV
- Citation / case number
- SC 2005/14208
- Court
- Supreme Court of India
- Petitioner
- VIJYA KUMAR
- Respondent
- SUKHDEV
- Author
- TARUN CHATTERJEE
- Bench
- TARUN CHATTERJEE & HARJIT SINGH BEDI
Judgment text excerpt
The Supreme Court held that the High Court erred in affirming the appellate court's dismissal of the plaintiff's suit for recovery of possession based on a sale deed dated 13th July 1992. The Court found that the respondent admitted to registering the sale deed and failed to consider material evidence regarding the nature of the transaction, which was determined to be an out and out sale rather than a loan. Consequently, the Supreme Court reversed the High Court's decision and restored the trial court's decree in favor of the plaintiff.