Case Note & Summary
The appeal arises from a suit filed by the plaintiffs (appellants) seeking cancellation of a registered sale deed and permanent injunction. The plaintiffs claimed to be owners of suit properties bearing Nos.2,3,4 and 5 (Old nos.19,20,21 and 22) situated at Mohd. Hayath Street, Narasimharaja Road Cross, Bangalore, which they alleged were purchased from one Mohammed Mazherulla under a sale deed dated 5-12-1974. The plaintiffs contended that the defendants, including the State of Karnataka and private individuals, had fraudulently obtained a subsequent sale deed in respect of the same property, and sought its cancellation. The trial court, after considering the evidence, dismissed the suit on the ground that the plaintiffs failed to prove any fraud or collusion in the execution of the subsequent sale deed. The High Court, in appeal, examined the evidence and found no merit in the plaintiffs' contentions. The court observed that the plaintiffs did not produce sufficient evidence to establish that the sale deed was vitiated by fraud or collusion. The court further noted that a registered document carries a presumption of validity, and the burden to prove otherwise lies heavily on the party alleging fraud. Since the plaintiffs failed to discharge that burden, the appeal was dismissed. The High Court upheld the trial court's judgment and decree, confirming that the suit for cancellation of the sale deed was rightly dismissed.
Headnote
A) Civil Procedure - Appeal against decree - Section 96 Code of Civil Procedure, 1908 - Regular First Appeal against dismissal of suit for cancellation of sale deed and injunction - The appeal is by the plaintiffs challenging the trial court's judgment and decree dated 15.02.2010 in O.S.No.5015/2000 dismissing the suit. (Para 1) B) Property Law - Cancellation of Sale Deed - Sections 31, 34 Specific Relief Act, 1963 - Suit for declaration and cancellation of registered sale deed - Plaintiffs claimed ownership based on a sale deed dated 5-12-1974 from Mohammed Mazherulla - The trial court dismissed the suit holding that the plaintiffs failed to prove fraud or collusion - The High Court upheld the dismissal, finding no evidence to vitiate the sale deed. (Paras 2-5) C) Evidence - Burden of Proof - Fraud - The plaintiffs alleged that the sale deed was obtained by fraud and collusion between the vendor and the defendants - The court held that the burden to prove fraud is on the party alleging it, and the plaintiffs failed to discharge that burden - The registered document carries a presumption of validity. (Paras 3-4)
Issue of Consideration
Whether the plaintiffs are entitled to cancellation of the sale deed and permanent injunction on the ground that the sale deed was obtained by fraud and collusion?
Final Decision
The appeal is dismissed. The judgment and decree dated 15.02.2010 passed in O.S.No.5015/2000 by the XVI Addl. City Civil Judge, Bangalore, dismissing the suit for cancellation of Kraya Patra and permanent injunction, is confirmed.
Law Points
- registered sale deed cannot be cancelled unilaterally
- burden of proof on plaintiff to establish fraud or collusion
- presumption of validity of registered document
- Section 96 CPC appeal lies against decree
- Section 31 Specific Relief Act for cancellation of instrument
