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february 2008

Supreme Court of India · 2008-02-19

DELHI & ANDAMAN & N. ISLANDS C.S.O.A&ORS vs UNION OF INDIA .

Citation / case number
SC 2001/8033
Court
Supreme Court of India
Petitioner
DELHI & ANDAMAN & N. ISLANDS C.S.O.A&ORS
Respondent
UNION OF INDIA .
Author
R. V. RAVEENDRAN
Bench
P.SATHASIVAM R. V. RAVEENDRAN

Judgment text excerpt

The Supreme Court upheld the trial court's dismissal of the plaintiff's suit for specific performance under the Specific Relief Act, 1963, stating that the plaintiff failed to prove the existence of a valid agreement of sale dated 5.1.1980. The Court emphasized that the burden of proof lies on the party asserting the existence of a contract, and in this case, the evidence indicated that the agreement was fabricated. Consequently, the Court affirmed the trial court's finding that the sale deed executed in favor of the second defendant was valid and binding.

DELHI & ANDAMAN & N. ISLANDS C.S.O.A&ORS vs UNION OF INDIA . · Niyam