Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | s.16(c) Art.54 of the Schedule Expert Evidence Specific Relief Act Evaluation Suit Limitation Act 1963 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Suit – Expert Evidence – Evaluation of – Appellant filed suit for specific performance in respect of the agreement of sale pertaining to the suit schedule house – As per the appellant, after execution of the agreement of sale in his favour, the first defendantfirst respondent (now deceased) did not execute the sale deed and rather along with his brother sold their respective shares to the second defendant-second respondent – Trial Court decreed the suit – Judgment reversed by the High Court – On appeal, held: Evidence of PWs-2, 3 (attesting witnesses) fully support the case of the appellant – High Court not justified in rejecting their evidence on mere assumptions and wrong reasons – It mainly relied upon the opinion of the handwriting expert, who opined that the signature of the first respondent on the agreement of sale, Ext.A-1 did not tally with his admitted signatures – Court must be cautious while evaluating expert evidence, which is a weak type of evidence and not substantive in nature – Mere expert evidence as to a fact is not regarded as conclusive proof of it and the Court may seek independent and reliable corroboration in the facts of a given case – Evidence of DW-3 (brother of the first respondent) belies the allegation of the first respondent that the signature found on Ext.A1 is forged – DW-3 admitted that he could identify the signature of his elder brother, the first respondent– Merely because appellant’s signature was not present on Ext.A-1, this would not ipso facto nullify the agreement altogether – Ext.A-2, the receipt evidencing the payment of earnest money in pursuance of Ext.A-1, bears the signature of the first respondent on the revenue stamps affixed thereon– No material brought on record to show that he did not receive the amount under Ext.A-2– Plaintiff was ready and willing to perform his part of the contract – Judgment of the High Court set aside, while that of Trial Court stands restored– Evidence Act, 1872 – ss.45, 47– Specific Relief Act, 1963– s.16(c) – Limitation Act, 1963 – Art.54 of the Schedule– Code of Civil Procedure, 1908– Appendix A, Forms 47 & 48. Evidence Act, 1872 – Explanation to s.47 – Opinion of person acquainted with the handwriting of another – Relevance of – Discussed. Specific Relief Act, 1963 – s.16(c) – Held: Filing of suit for specific performance of an agreement of sale is governed by s.16(c) r/w Art. 54 of the Schedule of the 1963 Act – Forms 47 & 48 of Appendix A of CPC prescribe the format of the plaint for such a suit – Thus, a plaint which seeks the relief of specific performance of an agreement/contract must comply with all these requirements – Limitation Act, 1963 – Art.54 of the Schedule – Code of Civil Procedure, 1908 – Appendix A, Forms 47 & 48. |
Judge | Hon'ble Mr. Justice Mohan M. Shantanagoudar |
Neutral Citation | 2019 INSC 959 |
Petitioner | Chennadi Jalapathi Reddy |
Respondent | Baddam Pratapa Reddy (dead) Thr Lrs. & Anr. |
SCR | [2019] 11 S.C.R. 739 |
Judgement Date | 2019-08-27 |
Case Number | 7818 |
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