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march 2011

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.

H. Siddiqui (D) By Lr vs A. Ramalingam · Niyam