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upheld the dismissal of the appellants' suit, affirming the lower courts' decisions that the sale deed was effectively rescinded due to non-payment.