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march 2009

Supreme Court of India · 2009-03-23

Bellachi vs Pakeeran

Citation / case number
AIR 2009 SUPREME COURT 3293
Court
Supreme Court of India
Petitioner
Bellachi
Respondent
Pakeeran
Author
S.B. Sinha
Bench
Mukundakam Sharma, S.B. Sinha

Judgment text excerpt

The Supreme Court upheld the dismissal of the appellant's suit challenging the validity of a sale deed executed in favor of her brother, citing misrepresentation and undue influence. The Court emphasized that the appellant failed to provide specific pleadings as required under Order VI Rule 4 of the Code of Civil Procedure, which necessitates detailed allegations of fraud or undue influence. The Court affirmed that the evidence presented did not establish that the respondent dominated the appellant's will or that the deed was executed under coercion or misrepresentation, thus validating the sale deed.

Bellachi vs Pakeeran · Niyam