VidhiSangh

Supreme Court of India · 21/08/2025

SYED BASHEER AHMED versus M/S TINNI LABORATORIES PRIVATE LIMITED & ANR.

[2025] 8 S.C.R. 1487 · 2025 INSC 1030

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Summary

The Supreme Court upheld the High Court's dismissal of a suit for specific performance of an agreement to sell, holding that a material alteration written in a different ink was discernible on a bare perusal of the agreement itself and that courts are not bound to refer such a question to an expert under Section 73 of the Evidence Act. The agreement, whose recitals of extent did not match its own schedule, could not found a decree, and the plaintiff's readiness and willingness was not established.

Issues

  1. Whether the High Court could find a material alteration in the sale agreement on a bare perusal of the document, without referring it to an expert under Section 73 of the Indian Evidence Act, 1872.
  2. Whether the plea of material alteration was available when the first defendant had not entered the witness box.
  3. Whether the plaintiff was entitled to specific performance on the agreement produced, having regard to its internal inconsistencies and the proof of readiness and willingness.

Provisions considered

Held

Result

Appeal rejected; judgment of the High Court dismissing the suit for specific performance affirmed; no costs; pending applications disposed of.

Judgment PDF: Supreme Court of India, [2025] 8 S.C.R. 1487.