Parmanand vs Bajrang & Anr

The Supreme Court held that in a suit for specific performance of an agreement, the burden of proof lies on the defendant to establish that the agreement was merely a security for a loan and not intended as a real sale agreement. The Court found that the trial court's refusal to grant the defendant an opportunity to present evidence was a significant error, leading to the dismissal of the suit by the High Court. Consequently, the Supreme Court set aside the High Court's judgment and remanded the case for the defendant to be allowed to lead evidence.