VidhiSangh

Supreme Court of India · 27/08/2019

CHENNADI JALAPATHI REDDY versus BADDAM PRATAPA REDDY (DEAD) THR LRS. & ANR.

[2019] 11 S.C.R. 739 · 2019 INSC 959

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Summary

The Court restored a decree for specific performance after finding that the High Court had wrongly preferred a handwriting expert’s opinion over reliable evidence of execution. The attestors’ testimony, an earnest-money receipt and the vendor’s brother’s identification of his signature established the agreement’s genuineness. The purchaser’s absence of signature did not invalidate this transaction, and his readiness and willingness were pleaded and proved.

Issues

  1. How handwriting expert opinion should be weighed against substantive evidence of execution and identification by a familiar witness.
  2. Whether the purchaser’s unsigned agreement and alleged absence of a demand defeated specific performance on these facts.

Held

Result

Appeals allowed; High Court judgment set aside and the Trial Court’s judgment and decree for specific performance restored.

Judgment PDF: Supreme Court of India, [2019] 11 S.C.R. 739.