Supreme Court of India · 2011-03-04
H. Siddiqui (D) By Lr vs A. Ramalingam
- Citation / case number
- AIR 2011 SUPREME COURT 1492
- Court
- Supreme Court of India
- Petitioner
- H. Siddiqui (D) By Lr
- Respondent
- A. Ramalingam
- Author
- B. S. Chauhan
- Bench
- B.S. Chauhan, P. Sathasivam
Judgment text excerpt
The Supreme Court held that the High Court erred in setting aside the Trial Court's decree for specific performance based on inadequate consideration and market value escalation, emphasizing that the registered agreement to sell dated 25.6.1979 was valid and not obtained through fraud. The Court reaffirmed that the execution of the power of attorney must be proven under Sections 65 and 66 of the Indian Evidence Act, 1872, and the absence of such proof invalidates the respondent's claims. The appeal was allowed, restoring the Trial Court's decree for specific performance.