Supreme Court: Suspicious circumstances in land sale case not properly addressed

This case concerns a dispute over a 1984 agreement for the sale of 4 acres of land, where the Supreme Court reviewed whether the plaintiffs proved their claim for specific performance against suspicious circumstances identified by the Trial Court. The Court ultimately restored the Trial Court's dismissal of the suit and ordered the return of the money paid by the plaintiffs with interest.

Who it concerns: Appellants: Bohar Singh & Anr.; Respondents: Sardara Singh & Ors.; Bench: Justice J. B. Pardiwala and Justice K. Vinod Chandran.

What the court decided

• The appeal is allowed, restoring the Trial Court's order dismissing the suit for specific performance.
• The Court directed the defendants/appellants to repay the amounts paid by the plaintiffs/respondents (Rs. 27,300/- earnest money and Rs. 20,700/- balance consideration) with simple interest at 12.5% per annum.
• Interest is to be calculated on Rs. 23,700/- from 16.08.1984 and on Rs. 20,700/- from 29.01.1994.
• The Rs. 20,700/- deposited in the Treasury is to be reimbursed to the plaintiffs, with any accrued interest deducted from the total refund.
• If payment is not made as directed, it will constitute a charge on the property.

Also in the document

• The Court emphasized that the suspicious circumstances pointed out by the Trial Court (such as tampered dates and inconsistent testimony) were not properly debunked by the appellate courts before shifting the onus of proof.
• The Court noted that the defendant's contention was that he was forced to sign blank papers, which is distinct from the document being fabricated.
• The Court observed that the receipt of Rs. 27,875/- by the plaintiffs' father just prior to the expiry of the agreement period raised doubts about the nature of the transaction.
• The judgment was delivered on August 31, 2026.