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V. R. K. KRUPA SAGAR
Syed Hussain Bi – Appellant
Versus
Gangasani Venkata Lakshmi – Respondent
JUDGMENT :
The defendant before the trial Court has come up with this second appeal under Section 100 C.P.C. seeking to set aside the concurrent findings of the trial Court and the first appellate Court and to dismiss O.S.No.284 of 2002.
2. The respondent herein was plaintiff, who was successful in both the Courts below.
3. O.S.No.284 of 2002 was before learned Principal Junior Civil Judge, Sattenapalli and it was for specific performance of an agreement for sale dated 18.10.2000, whereunder this appellant allegedly agreed to sell the plaint schedule immovable property, which was Ac.1.00 cents of agricultural land situated in Dodleru Gram Panchayat area of Krosuru Sub-Registration of Guntur District for a valuable consideration of Rs.40,000/-. The plaint alleges that the plaintiff paid Rs.36,000/-and was to pay the balance sale consideration of Rs.4,000/-and was demanding the defendant to receive the same and execute the registered sale deed, but the defendant was dodging and thereafter, despite notice sent by the plaintiff, there was no response and that necessitated the suit.
4. The defendant put in appearance through her learned counsel and filed a written statement denying every av
The importance of obtaining expert opinion to prove the genuineness of a document and the discretionary nature of specific performance.
Concurrent findings of forgery in sale agreement upheld; no interference in second appeal absent perversity.
The burden of proof of fraud and forgery lies on the party alleging it, and capacity and willingness to perform the contract are essential in a suit for specific performance.
The burden of proof lies with the defendant, and the court's decision is based on the interpretation of evidence and the application of legal provisions.
The court emphasized the importance of proving the validity of agreements and the execution of related documents, and highlighted the significance of readiness and willingness to perform contractual ....
When a defendant alleges coercion regarding the execution of a document, the burden is on them to lead evidence. A failure to enter the witness box to cross-examination results in an adverse presumpt....
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