VidhiSangh

Supreme Court of India · 30/09/2021

PLACIDO FRANCISCO PINTO (D) BY LRS. & ANR versus JOSE FRANCISCO PINTO & ANR.

[2021] 10 S.C.R. 676 · 2021 INSC 581

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Summary

The Court restored a decree for possession and accounts founded on a registered sale deed between brothers. The vendor admitted that his brother had discharged his debts and that he and his wife had signed before officials. Claimed ignorance of the document’s nature did not establish fraud or misrepresentation on these facts. Neither nominal consideration nor failure separately to plead its recital invalidated the deed. The opposing suit to annul the sale was dismissed, and two months were allowed to deliver possession.

Issues

  1. Whether the registered sale deed was invalid for want of consideration, fraud or misrepresentation.
  2. Whether pleading requirements and the rules excluding contradictory oral evidence supported interference with the sale.

Provisions considered

Held

Result

Appeal allowed. Trial decree in Special Civil Suit No.55/77/I restored; Special Civil Suit No.71/80/I dismissed. Respondents given two months to deliver vacant possession.

Judgment PDF: Supreme Court of India, [2021] 10 S.C.R. 676.