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march 2011

Supreme Court of India · 2011-03-30

K.K. Velusamy vs N. Palaanisamy

Citation / case number
AIR 2011 SC (CIV) 1000
Court
Supreme Court of India
Petitioner
K.K. Velusamy
Respondent
N. Palaanisamy
Author
R.V.Raveendran
Bench
A. K. Patnaik, R. V. Raveendran

Judgment text excerpt

The Supreme Court addressed a suit for specific performance under the Specific Relief Act, 1963, where the respondent claimed the appellant failed to execute a sale deed despite receiving an advance payment. The appellant contended that the agreement was merely a security for a loan, not a genuine sale agreement. The Court held that the evidence presented, including electronic recordings, warranted further examination, thus allowing the reopening of evidence for cross-examination of witnesses to ascertain the true nature of the agreement.

K.K. Velusamy vs N. Palaanisamy · Niyam