Supreme Court of India · 2008-03-04
P. Swaroopa Rani vs M. Hari Narayana @ Hari Babu
- Citation / case number
- AIR 2008 SUPREME COURT 1884
- Court
- Supreme Court of India
- Petitioner
- P. Swaroopa Rani
- Respondent
- M. Hari Narayana @ Hari Babu
- Author
- S.B. Sinha
- Bench
- S.B. Sinha, V.S. Sirpurkar
Judgment text excerpt
The Supreme Court held that in a suit for specific performance under the Specific Relief Act, the plaintiff must prove payment of the sale consideration and possession of the property. The Court found that the plaintiff failed to establish that he paid Rs. 4,03,000/- as part of the sale consideration and that the receipt (Exhibit A.15) was forged. Consequently, the Court upheld the lower court's dismissal of the suit, emphasizing that the plaintiff approached the court with unclean hands and was not entitled to relief under Section 5 of the Specific Relief Act.