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.