Supreme Court of India · 2023-07-31
YOGENDRA PRASAD SINGH (DEAD) THR LRS vs RAM BACHAN DEVI AND ORS.
- Citation / case number
- SC 2010/36865
- Court
- Supreme Court of India
- Petitioner
- YOGENDRA PRASAD SINGH (DEAD) THR LRS
- Respondent
- RAM BACHAN DEVI AND ORS.
- Author
- HON'BLE MR. JUSTICE ABHAY S. OKA
- Bench
- HON'BLE MR. JUSTICE SANJAY KAROL HON'BLE MR. JUSTICE ABHAY S. OKA
Judgment text excerpt
The Supreme Court examined the validity of a sale deed executed in 1963, where the first defendant, heavily indebted, sold property to the plaintiff. The dispute centered around whether the sale was absolute or subject to the creditors' claims, and whether the plaintiff had taken steps to clear the debts of the first defendant. The court analyzed the evidence regarding possession, consideration, and the intentions of the parties, ultimately ruling on the nature of the sale and the rights of creditors and heirs. The judgment clarified legal principles related to sale transactions under debt obligations and possession rights.