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march 2013

Supreme Court of India · 2013-03-12

Garre Mallikharjuna Rao (D)By Lrs.& Ors vs Nalabothu Punniah

Citation / case number
AIR 2013 SC (SUPP) 778
Court
Supreme Court of India
Petitioner
Garre Mallikharjuna Rao (D)By Lrs.& Ors
Respondent
Nalabothu Punniah
Author
B. S. Chauhan
Bench
Fakkir Mohamed Ibrahim Kalifulla, B.S. Chauhan

Judgment text excerpt

The Supreme Court upheld the High Court's decision to grant specific performance of an agreement to sell under Section 10 of the Specific Relief Act, 1963, despite the trial court's dismissal of the suit. The Court found that the High Court correctly evaluated the evidence, including the testimony of the handwriting expert, and determined that the respondent/plaintiff had established his case for specific performance. The Court emphasized that the trial court's findings were not conclusive and that the High Court had the authority to reassess the evidence, leading to the conclusion that the appellant/defendant was obligated to execute the sale deed for the property in question.

Garre Mallikharjuna Rao (D)By Lrs.& Ors vs Nalabothu Punniah · Niyam