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july 2023

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.

YOGENDRA PRASAD SINGH (DEAD) THR LRS vs RAM BACHAN DEVI AND ORS. · Niyam