Supreme Court of India · 2024-05-03
Chander Bhan (D) Through Lr Sher Singh vs Mukhtiar Singh
- Citation / case number
- 2024 INSC 377
- Court
- Supreme Court of India
- Petitioner
- Chander Bhan (D) Through Lr Sher Singh
- Respondent
- Mukhtiar Singh
- Author
- Sudhanshu Dhulia
- Bench
- Sudhanshu Dhulia
Judgment text excerpt
The Supreme Court addressed an appeal against the Punjab and Haryana High Court's judgment that reversed the trial court's decree for specific performance of a sale agreement under the Transfer of Property Act, 1882. The Court held that the appellant was entitled to specific performance as the agreement was validly executed, and the defense of misconception raised by the respondent was not substantiated. The Court reaffirmed the trial court's findings, emphasizing the adverse inference drawn from the respondents' failure to testify, and restored the trial court's decree for specific performance.