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Supreme Court of India 2018-02-23 allowed

Dalip Singh vs Bhupinder Kaur

Bench: 2 — Deepak Gupta

In Brief

Bhupinder Kaur sued to enforce an alleged agreement to sell dated 25 February 1999 whereby Dalip Singh agreed to sell her property for Rs.1,50,000, claiming she had paid Rs.92,000 as earnest money. The trial court and lower appellate court both dismissed the suit, finding the plaintiff failed to prove the payment (no bank passbook produced; bank records showed no transaction) and noting suspicious circumstances. The High Court reversed without discussing evidence. The Supreme Court restored the trial court's decree, holding that a High Court cannot set aside concurrent findings of fact without detailed examination of the evidence, and that the plaintiff failed to prove her case through reliable documentary evidence.

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