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.