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may 2024

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.

Chander Bhan (D) Through Lr Sher Singh vs Mukhtiar Singh · Niyam