In Brief
A plaintiff sought refund of Rs. 18 lakhs paid as advance consideration toward a property purchase agreement after the seller failed to execute the sale deed. The Trial Court ordered a full refund; the High Court reduced it to Rs. 3 lakhs. The Supreme Court dismissed the appeal, holding that only the initial payment of Rs. 3 lakhs was duly proved by credible evidence (PW-1 and PW-3). The additional Rs. 15 lakhs payment lacked independent corroboration and was conspicuously absent from the suit notice despite being material. Uncorroborated plaintiff testimony regarding substantial monetary payments is insufficient proof under the law of evidence.
The lawyer headnote and full judgment text are available to registered users.