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.