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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
VIRINDER AGGARWAL
Rajesh Khatana – Appellant
Versus
Rajesh – Respondent
| Table of Content |
|---|
| 1. procedural background and historical facts of the specific performance suit. (Para 1 , 2 , 3 , 4 , 5) |
| 2. appellant's contention regarding evidence misappreciation and adverse inference. (Para 7) |
| 3. burden of proof requirements for proving document execution and evidentiary weight of expert opinion. (Para 8 , 9) |
| 4. final disposal of pending miscellaneous applications. (Para 10) |
JUDGMENT :
VIRINDER AGGARWAL, J.
1. The present Regular Second Appeal (hereinafter referred to as “RSA”) is directed against the judgment and decree dated 08.04.1999 passed by the learned Additional District Judge, Gurugram, whereby the appeal preferred by the defendant–respondent was allowed and the judgment and decree dated 31.05.1995 passed by the learned Senior Sub Judge, Gurugram was set aside.
2. Briefly stated, the plaintiff instituted a suit for specific performance of an agreement to sell dated 05.10.1988, allegedly executed by defendant No.1 in favour of the plaintiff in respect of the suit land for a total sale consideration of Rs. 2,00,000/-. It was pleaded that an amount of Rs.20,000/- was paid as earnest money at the time of execution of the said agreement, and the sale deed was agre
The burden of proving the execution of an agreement to sell rests solely on the plaintiff. Failure to examine the scribe or marginal witnesses, combined with reliance on uncorroborated expert opinion....
The burden of proof for fraud allegations lies with the defendants, and mere allegations without evidence do not invalidate an agreement for specific performance.
The requirement to prove the execution of an agreement to sell is essential for specific performance.
The execution of an agreement must be proven with clear evidence, including signatures and witness credibility, to enforce specific performance.
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