2007 Supreme(All) 2167

[2007(9) ADJ 55 (NOC)]
ALLAHABAD HIGH COURT
BEFORE : TARUN AGARWALA, J.
JAMIL AHMAD ...........Appellant
Versus
SAYEED AHMAD AND OTHERS .........Respondents
(Second Appeal No. 1059 of 1982, decided on 17th August, 2007)

Headnote:(A) Specific Relief Act, 1963—Sections 20 and 14(1)(a)—Suit—For specific performance of agreement—Playing of fraud in converting agreement of loan into an agreement for specific performance—Defendant accepted agreement of two documents—As simplicitor agreement for loan not as agreements for specific performance—Defendant contended that plaintiff played a fraud upon documents—Trial Court held that plaintiff unable to prove that said agreements were not a loan agreements—Appeal against—Held that burden lies upon defendant not upon plaintiff that he had played a fraud—Defendant preferred second appeal—Held, allegation of fraud played was made by defendant then burden was upon said defendant to prove that plaintiff played a fraud—No evidence even laid by defendant upon such aspect.

       (B) Specific Relief Act, 1963—Section 14(1)(a)—Compensation as damages for non-performance of agreement of sale—Plaintiff deposited 90% of sale consideration and physical possession was handed over to him—Plaintiff made constructions on it—In light of this compensation as adequate relief not proper.

       Appeal Dismissed.