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.