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Supreme Court of India 2019-08-27 allowed

Chennadi Jalapathi Reddy vs Baddam Pratapa Reddy (Dead) Thr Lrs. & Anr

Bench: 3 — <UNKNOWN>, <UNKNOWN>, <UNKNOWN>

In Brief

A plaintiff filed a suit for specific performance of an agreement to purchase property from the first defendant, who instead sold to a third party. The defendant claimed the agreement was forged. The trial court found it genuine and granted specific performance. The High Court reversed this, relying solely on expert evidence that the document was forged. The Supreme Court held that expert opinion, though helpful, is not substantive and must be evaluated cautiously. Since the defendant himself acknowledged his signature on the payment receipt and other objective evidence supported the agreement's authenticity, the expert's conclusion could not override these facts. The Court restored the trial court's judgment and allowed the appeal for specific performance.

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Specific Performance Expert Evidence Documentary Evidence Forgery Evidence Law Civil Procedure Property Law

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