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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

The appellant Lakshmi Sreenivasa Cooperative Building Society sought specific performance of agreements to sell land. The Trial Court and High Court both found that the Society failed to prove execution of the 1977 and 1981 agreements, as key attesting witnesses were not examined and the defendants denied signing. The Supreme Court upheld these concurrent findings, holding that the burden to prove agreement execution rests on the plaintiff and cannot be discharged by sole testimony absent corroboration from attesting witnesses. Since no valid agreement was proven, no relief of specific performance could be granted. The Court dismissed both appeals, finding no manifest injustice warranting intervention despite the two-court agreement.

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Specific Performance Contract Law Property Law Evidence Appeals Civil Procedure

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