Supreme Court Nullifies Decree for Specific Performance

The Supreme Court has overturned a decree for specific performance, labeling the “Agreement of Sale” as a blatant act of fraud and fabrication.

Supreme Court Reverses Lower Court Findings

The Supreme Court has used its jurisdiction under Article 136 of the Constitution to overturn the decisions of the Trial Court, First Appellate Court, and High Court, which had upheld a sale agreement written on a blank stamp paper with the defendant’s thumb impression.

Fraudulent Agreement Uncovered

The Court deduced that the thumb impression of the illiterate appellant-defendant was likely obtained on a blank stamp paper, with the contentious agreement typed later.

Details of the Case

According to the disputed agreement, the plaintiff claimed to have paid a significant portion of the purchase price for the property, with the remaining 15% due on the registry date, set for September 19, 2008—about sixteen months after the agreement was executed. The plaintiff sought specific performance of the contract, arguing that the appellant-defendant failed to appear for the registry as promised.

Court’s Strong Observations

Justices PS Narasimha and Sandeep Mehta remarked that the plaintiff’s practice of securing the defendant’s signature on a blank document before the actual agreement was drafted amounted to a “sheer piece of fraud and concoction.”

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