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april 2011

Supreme Court of India · 2011-04-15

JANAK DULARI DEVI vs KAPILDEO RAI

Citation / case number
SC 2002/7087
Court
Supreme Court of India
Petitioner
JANAK DULARI DEVI
Respondent
KAPILDEO RAI
Author
R.V.RAVEENDRAN
Bench
R.V. RAVEENDRAN,MARKANDEY KATJU, , ,

Judgment text excerpt

The Supreme Court held that in a suit for specific performance under Section 20 of the Specific Relief Act, the burden of proof lies on the plaintiff to establish that they have performed or are willing to perform their part of the contract. The Court found that the appellants failed to prove payment of the full sale consideration of Rs.22000, which justified the second respondent's cancellation of the sale deed. Consequently, the appeal was dismissed, affirming the lower courts' decisions.

JANAK DULARI DEVI vs KAPILDEO RAI · Niyam