AIROnline 2024 SC 637

Supreme Court Of India

(From : AIROnline 2018 P and H 278)

Hon'ble Judge(s): Pamidighantam Sri Narasimha, Sandeep Mehta , JJ

Specific Relief Act (47 of 1963) , S.20— Suit for specific performance - Alternative relief of recovery- Challenge against grant of - Plaintiff claimed that defendant had agreed to sell land to him and major part of sale consideration was paid in cash at the time of agreement - There were large blank spaces and signatures and thumb impressions of parties on key pages of document were absent - Material on record indicated that the agreement was prepared on a blank stamp paper on which, the thumb impressions of the illiterate defendant were taken prior to its transcription - Plaintiff, a police constable, did not seek permission for the high-value transaction and never offered to pay remaining sale consideration - Entire case, including alleged payment and plaintiff's presence at Sub-Registrar's office to complete sale, was fraudulent and concocted - Finding the case to be fit for interference u/Art.136 of the Constitution, judgments of subordinate courts were set aside. Constitution of India , Art.136— AIROnline 2018 P and H 278-Reversed (Para 34 35 36 37) .....