VidhiSangh

Supreme Court of India · 07/02/2020

C.S. VENKATESH versus MURTHY (D) BY LRS. & ORS.

[2020] 2 S.C.R. 676 · 2020 INSC 143

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Summary

The Supreme Court restored dismissal of a suit to enforce an agreement for reconveyance. The sale deed and surrounding evidence established an outright sale, not a nominal security transaction. Although readiness and willingness had been sufficiently pleaded, the plaintiff failed to prove means to pay or willingness to meet the contractual terms. Physical production of cash was unnecessary, but a bare assertion of readiness could not replace evidence of financial capacity and consistent conduct.

Issues

  1. Whether the sale was nominal security or an outright transaction accompanied by an agreement to reconvey.
  2. Whether the plaintiff proved continuous readiness and willingness to obtain specific performance.

Held

Result

Appeal allowed; High Court judgment set aside and trial court decree dismissing the suit restored. No order as to costs.

Judgment PDF: Supreme Court of India, [2020] 2 S.C.R. 676.