Balammal v. Haribabu
Case brief
What is this about?
This second appeal challenged a sale deed on grounds of coercion and police influence. The High Court dismissed the appeal, holding the appellant failed to prove coercion and distinguishing precedents where burden of proof rules differed.
What did the court decide?
Second Appeal dismissed; connected miscellaneous petition closed.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.02.2022
CORAM:
THE HONOURABLE MR.JUSTICE S.S.SUNDAR
SA.No.82/2022 & CMP.No.1894/2022
Balammal rep.by her
Power of Attorney Agent
Mr.Vasudevan ... Appellant/Plaintiff
Vs.
1.Haribabu
- 2.Balu @ Balasubramanian
- 3.The Joint Registrar-II Arakkonam
Ranipet District.
[Previously Vellore District] ... Respondents/Defendants
Issues for consideration
3 issues framed by the court
Whether the purchaser can challenge the validity of the sale deed on the ground of coercion without specific allegations and evidence on how coercion was exercised.
Whether the burden of proof lies on the appellant to establish coercion or on the purchasers to prove the bona fides of the transaction.
Whether the Second Appeal can be allowed given the concurrent findings of the courts below that the plaintiff failed to prove coercion.
Parties & counsel
- appellant
Balammal rep. by her Power of Attorney Agent Mr. Vasudevan
- respondent
Haribabu
- respondent
Balu @ Balasubramanian
- respondent
The Joint Registrar-II Arakkonam Ranipet District
Coram
Case details
As recorded by the court registry
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