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Supreme Court of India 2018-07-31 dismissed

Lakshmi Sreenivasa Cooperative Building Society vs Puvvada Rama (Dead) by L.Rs. and Ors

Bench: 3 — A.M. Khanwilkar

In Brief

Two civil appeals challenged the dismissal of suits for specific performance of agricultural land sale agreements dated 1977 and 1981. The plaintiff-appellant Society claimed to have purchase rights based on these unregistered agreements. The Trial Court and High Court both found that the Society failed to prove execution of the agreements (attestors were not examined, defendants denied signing, no handwriting expert opinion obtained), failed to prove earnest money payment, and failed to prove possession delivery. The Supreme Court dismissed both appeals, holding that the concurrent findings were not manifestly unjust in light of the evidence and that without proof of a valid agreement, specific performance cannot be decreed. The Court also dismissed the companion appeal as unmaintainable."

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Specific Performance Contract Law Evidence Civil Procedure Concurrent Findings of Fact Unregistered Agreements Land Transactions

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