P.V. MANICKAM(DEAD) BY LRS. vs GOPALSWAMY NAICKER CHARITIES TRUST

The Supreme Court upheld the concurrent findings of the trial court and the High Court regarding the recovery of possession of the suit property, affirming that the appellant failed to prove the nullity of the release and surrender deed dated 31st October 1971. The Court ruled that the argument of fraud was not substantiated as it was not raised in the plaint nor was there an issue or finding on it. Consequently, the appeals were dismissed without costs, reinforcing the lower courts' decisions.