Supreme Court of India · 2018-09-17
L. PONNAYAL @ LAKSHMI vs KARUPPANNAN DEAD THROUGH LR. SENGODA GOUNDER AND ANR.
- Citation / case number
- SC 2016/26667
- Court
- Supreme Court of India
- Petitioner
- L. PONNAYAL @ LAKSHMI
- Respondent
- KARUPPANNAN DEAD THROUGH LR. SENGODA GOUNDER AND ANR.
- Author
- HON'BLE MR. JUSTICE L. NAGESWARA RAO
- Bench
- HON'BLE MR. JUSTICE L. NAGESWARA RAO HON'BLE THE CHIEF JUSTICE
Judgment text excerpt
The Supreme Court addressed a partition dispute involving properties inherited from Appavu Gounder, where the Appellant claimed a share as the daughter of Athappa Gounder, who was allegedly mentally ill during the execution of a Sale Deed by Defendant No.1. The Court emphasized that a Sale Deed executed under the influence of mental incapacity is void, thus upholding the Appellant's claim for partition and separate possession. The judgment of the High Court was set aside, and the matter was remanded for further proceedings consistent with the established legal principles regarding mental incapacity and property rights.