In Brief
The respondents agreed to purchase agricultural land from the appellants for Rs. 2+ crores, paying Rs. 75 lakhs upfront and promising the balance by October 2007. The appellants (sellers) later refused to execute the sale deed, claiming the respondents lacked funds. The trial court dismissed the specific performance suit but ordered refund of the advance. The High Court reversed this, granting specific performance. The Supreme Court held that the respondents failed to prove through credible documentary evidence that they possessed the entire balance amount continuously throughout the contract period. The High Court erred in relying on a single bank statement showing Rs. 75 lakhs on one date. The respondents' parallel agreement with a third party regarding the same property further indicated lack of bonafides. The Supreme Court allowed the appeal, restored the trial court's judgment directing refund of Rs. 75 lakhs with interest, and imposed a charge over the properties to secure recovery.
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