VidhiSangh

Supreme Court of India · 27/09/2024

LAKHA SINGH versus BALWINDER SINGH & ANR.

[2024] 10 S.C.R. 79 · 2024 INSC 744

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Summary

The courts below had refused specific performance but, treating the agreement to sell as a loan transaction, decreed refund of Rs 16 lakh. The Supreme Court interfered under Article 136 because those concurrent findings ignored vital circumstances showing the agreement itself was a fabrication: the defendant's thumb impression on a blank stamp paper, a price about half the market rate, near-full payment in cash with a 16-month deferral, and no tender of the balance. The money decree was set aside.

Issues

  1. Whether the Supreme Court may interfere under Article 136 with concurrent findings of fact upholding a money decree founded on a disputed agreement to sell.
  2. Whether the plaintiff proved execution of the agreement to sell and payment of Rs 16,00,000 as earnest money, or alternatively as a loan.

Provisions considered

Held

Result

Appeal allowed; the judgments of the trial court, first appellate court and High Court, including the decree for refund of Rs 16,00,000 with interest, set aside; decree to be drawn accordingly; no order as to costs.

Judgment PDF: Supreme Court of India, [2024] 10 S.C.R. 79.