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april 2011

Supreme Court of India · 2011-04-15

Janak Dulari Devi & Anr vs Kapildeo Rai & Anr

Citation / case number
AIR 2011 SUPREME COURT 2521
Court
Supreme Court of India
Petitioner
Janak Dulari Devi & Anr
Respondent
Kapildeo Rai & Anr
Author
R.V.Raveendran
Bench
Markandey Katju, R V Raveendran

Judgment text excerpt

The Supreme Court held that in a suit for specific performance under the Specific Relief Act, the burden of proof lies on the plaintiff to establish that the sale consideration was paid as claimed. The Court found that the appellants failed to prove payment of the balance sale consideration of Rs.5000, which was essential for the transfer of title. Consequently, the Court upheld the dismissal of the appellants' suit, affirming the lower courts' decisions that the sale deed was effectively rescinded due to non-payment.

Janak Dulari Devi & Anr vs Kapildeo Rai & Anr · Niyam