NDLI: H. Siddiqui (dead) By Lrs. Vs. A. Ramalingam

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Specific Relief - suit for specific performance
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Specific Relief Act, 1963 (47 of 1963)
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8 Referred Case 9 Referred Case 10 Referred Case 11 Referred Case 12 Referred Case 13 Referred Case 14
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Disposed Off
Headnote	Specific Relief - Appellant filed suit for specific performance alleging that the defendant-respondent did not execute sale deed after his brother, power of attorney holder, entered into an agreement for sale with the plaintiff - Respondent specifically denied execution of power of attorney in favour of his brother - Trial court decreed the suit holding that inasmuch as photocopy of the power of attorney was shown to the respondent in his cross-examination and he had admitted his signature, it was evident that the respondent had authorised his brother to alienate the suit property - High Court set aside the decree - On appeal, held: Trial court had proceeded in an unwarranted manner - Respondent merely admitted his signature on the photocopy of the power of attorney and did not admit the contents thereof - More so, admissibility of a document or contents thereof may not necessarily lead to drawing any inference unless the contents thereof have some probative value - Appellant, without being asked by the respondent, had enhanced the consideration amount as agreed in the agreement to sell - Conduct of the appellant was most improbable - Trial court erred in rejecting the contention of respondent, that the appellant had changed the terms of agreement unilaterally, without any explanation from the appellant - High Court also failed to realise that it was deciding the First Appeal and that it had to be decided strictly in adherence with the provisions contained in Order XLI Rule 31 of CPC and once the issue of alleged power of attorney was a/so raised, the Court should not have proceeded to another issue - More so, none of the courts below took into consideration the clause contained in the agreement to sell which provided that in the event of any default on the part of the vendors in completing the sale, the appellant could get refund of earnest money with liquidated damages for breach .of contract - Both the courts below did not proceed to adjudicate upon the case strictly in accordance with law - Matter remitted to High Court for decision afresh.Evidence Act, 1872 - s. 65 - Secondary evidence relating to contents of a document - Admissibility of - Held: Secondary evidence relating to contents of a document is inadmissible, until non production of the original is accounted for, so as to bring it within one or other of the cases provided for in the section - The secondary evidence must be authenticated by foundational evidence that the alleged copy is in fact a true copy of the original - Mere admission of a document in evidence does not amount to its proof - The court has an obligation to decide the question of admissibility of a document in secondary evidence before making endorsement thereon.Code of Civil Procedure, 1908 - Order XLI, Rule 31 - Guidelines for the appellate court as to how the court has to proceed and decide the case - Discussed - Held: It is mandatory for the appellate court to independently assess the evidence of the parties and consider the relevant points which arise for adjudication and the bearing of the evidence on those points - Being the final court of fact, the first appellate court must not record mere general expression of concurrence with the trial court judgement rather it must give reasons for its decision on each point independently to that of the trial court - Thus, the entire evidence must be considered and discussed in detail.
Judge	Hon'ble Dr. Justice B.S. Chauhan
Neutral Citation	2011 INSC 185
Petitioner	H. Siddiqui (dead) By Lrs.
Respondent	A. Ramalingam
SCR	[2011] 5 S.C.R. 587
Judgement Date	2011-03-04
Case Number	6956

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H. Siddiqui (dead) By Lrs. Vs. A. Ramalingam

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H. Siddiqui (dead) By Lrs. Vs. A. Ramalingam

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