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july 1990

Supreme Court of India · 1990-07-19

BRIJ MOHAN AND ORS. vs SMT. SUGRA BEGUM AND ORS.

Citation / case number
SC 1989/72383
Court
Supreme Court of India
Petitioner
BRIJ MOHAN AND ORS.
Respondent
SMT. SUGRA BEGUM AND ORS.
Author
N.M. KASLIWAL
Bench
N.M. KASLIWAL

Judgment text excerpt

The Supreme Court held that for specific performance of a contract under the Specific Relief Act, the burden lies on the plaintiff to prove consensus ad idem, particularly in cases of oral agreements. The Court found that the plaintiffs failed to establish a concluded contract as there was no agreement on essential terms such as price and earnest money, thus upholding the High Court's decision to set aside the trial court's decree. The Court emphasized that Section 55 of the Transfer of Property Act does not apply when negotiations fail to result in a concluded agreement.

BRIJ MOHAN AND ORS. vs SMT. SUGRA BEGUM AND ORS. · Niyam