OUSEPH VARGHESE vs JOSEPH ALEY & ORS.

The Supreme Court held that under Section 12 of the Specific Relief Act, 1877, the burden of proof for an oral agreement for specific performance lies heavily on the plaintiff. The Court found that the plaintiff failed to provide convincing evidence for the alleged oral agreement to reconvey property, and that the High Court erred in granting a decree based on an unaccepted offer made by the defendant in her written statement. The Court emphasized that specific performance cannot be granted solely on oral evidence and that both parties had withheld facts from the Court.