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Issues involved: Appeal against the judgment of the High Court regarding the nature of a property transaction.
Summary: The Supreme Court granted special leave to hear the appeal arising from a suit filed by the respondents for the declaration of purchasing two plots in Hubli town. The trial Court dismissed the suit, but on appeal, it was decreed. The single judge of the High Court reversed the decree of the appellate court and confirmed that of the trial Court. The main question revolved around whether the document in question was a sale deed or for a collateral purpose, as the respondent had initially claimed it was an agreement of sale. The High Court, in its review, wrongly placed the burden on the appellant to establish the nature of the transaction. The Supreme Court held that the High Court erred in reviewing the judgment without proper consideration of evidence and relevant precedents. The appeal was allowed, setting aside the High Court's order and upholding the decree of the appellate Court, thereby decreeing the suit in favor of the appellant. No costs were awarded in this matter.
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