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february 2018

Supreme Court of India · 2018-02-23

Dalip Singh vs Bhupinder Kaur

Citation / case number
AIR 2018 SC (SUPP) 1218
Court
Supreme Court of India
Petitioner
Dalip Singh
Respondent
Bhupinder Kaur
Author
Deepak Gupta
Bench
Deepak Gupta, Madan B. Lokur

Judgment text excerpt

The Supreme Court overturned the High Court's judgment which set aside the concurrent findings of fact by the trial court and lower appellate court regarding a suit for specific performance of an agreement to sell under the Specific Relief Act, 1963. The Court held that the plaintiff, Bhupinder Kaur, failed to prove payment of Rs.92,000 as earnest money, as she did not provide sufficient evidence, including bank statements, to substantiate her claim. The Court reinstated the lower courts' decisions, emphasizing the importance of credible evidence in establishing the terms of the agreement and the plaintiff's readiness and willingness to perform her part of the contract.

Dalip Singh vs Bhupinder Kaur · Niyam