Supreme Court of India · 2013-03-12
GARRE MALLIKHARJUNA RAO (D)BY LRS. vs NALABOTHU PUNNIAH
- Citation / case number
- SC 2003/6636
- Court
- Supreme Court of India
- Petitioner
- GARRE MALLIKHARJUNA RAO (D)BY LRS.
- Respondent
- NALABOTHU PUNNIAH
- Author
- B. S. CHAUHAN
- Bench
- FAKKIR MOHAMED IBRAHIM KALIFULLA B.S. CHAUHAN
Judgment text excerpt
The Supreme Court overturned the High Court's decision that had decreed specific performance of a sale agreement, citing the lack of credible evidence regarding the authenticity of the agreement. The Court emphasized the importance of proving the validity of the agreement under the Specific Relief Act, 1963, and noted that the trial court had dismissed the suit based on the evidence presented. The Court held that the High Court erred in relying on the handwriting expert's testimony, which was disbelieved by the trial court, leading to the dismissal of the appeal.