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march 2008

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.

P. Swaroopa Rani vs M. Hari Narayana @ Hari Babu · Niyam