Back
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
NIDHI GUPTA
Mohan Dei (now deceased) through LRs – Appellant
Versus
Kulwant Singh – Respondent
JUDGMENT :
NIDHI GUPTA, J.
CM-1160-C-2023
Prayer in the first Application under Order 41 Rule 27 r/w Section 151 CPC is for additional evidence of concerned/competent official from Security Press Nasik, Maharashtra with respect to the date of printing of stamp paper containing agreement to sell dated 10.07.2001 i.e. Ex. D1, alongwith the connected record.
2. It is pertinent to note that during the course of trial of the suit before the learned Civil Judge, an application was moved by the appellants for sending the original of the purported agreement to sell dated 10.07.2001 between the defendants to the Security Press, Nasik for getting a report regarding the date of issuance of the said stamp paper. The said application was dismissed on 09.09.2011. Whereafter, the appellants moved this Court vide Civil Revision No. 5913 of 2011, which also came to be dismissed on 04.07.2012. Against the said order of dismissal, the appellants moved to Hon'ble Supreme Court by filing SLP (C) No. 6981 of 2011, which came to be dismissed vide order dated 05.04.2013 but with liberty as follows: -
"We do not see any reason to interfere with the impugned order passed by the High Court. The special leave peti
The central legal point established in the judgment is the requirement of a genuine and valid agreement for specific performance, and the burden of proof on the parties to establish the authenticity ....
Point of Law : Suit for specific performance and permanent injunction – Agreement of Sale - non mentioning of the correct survey number in the agreement of sale cannot be held to be due to inadverten....
Point of law: In a case where plaintiff come forward to seek a decree for specific performance of a contract of sale of immovable property on basis of an oral agreement or a written contract, heavy b....
The reliance on inadmissible evidence and photocopies of documents in civil suits undermines the validity of claims, necessitating original documents for establishing authenticity.
The burden of proof for fraud allegations lies with the defendants, and mere allegations without evidence do not invalidate an agreement for specific performance.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
