BASAVARAJ versus PADMAVATHI & ANR.

BASAVARAJ versus PADMAVATHI & ANR.

The High Court erred in drawing an adverse inference from the non-production of bank passbook/accounts without having called upon the plaintiff to produce them; the Trial Court's findings that the appellant was ready and willing to perform were restored and the Trial Court decree for specific performance was revived, subject to the appellant paying an additional Rs.10 lakhs and respondent No.1 executing the sale deed on such payment.

Parties
Appellant: BASAVARAJ; Respondent: PADMAVATHI & ANR.
Jurisdiction
India
Judgment Date
05 January 2023
Procedural Posture
Civil Appeal / Final Judgment on Appeal
Outcome
Appeal allowed; impugned High Court judgment and order quashed and set aside; Trial Court decree for specific performance restored
Legal Topics
Specific Performance, Readiness and Willingness to Perform, Agreement to Sell, Adverse Inference for Non Production of Bank Passbook
Contract Property Civil Procedure Evidence Specific Performance Readiness and Willingness to Perform Agreement to Sell Adverse Inference for Non Production of Bank Passbook

Case Brief

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Parties

BASAVARAJ

Appellant

PADMAVATHI & ANR.

Respondent

Procedural Posture

Civil Appeal / Final Judgment on Appeal

Legal Issues

  1. 1 Whether the plaintiff was ready and willing to perform the agreement to sell
  2. 2 Whether an adverse inference can be drawn from non-production of bank passbook/accounts without being called upon to produce them
  3. 3 Whether the High Court erred in reversing Trial Court findings on readiness and willingness

Ratio Decidendi

The High Court erred in drawing an adverse inference from the non-production of bank passbook/accounts without having called upon the plaintiff to produce them; the Trial Court's findings that the appellant was ready and willing to perform were restored and the Trial Court decree for specific performance was revived, subject to the appellant paying an additional Rs.10 lakhs and respondent No.1 executing the sale deed on such payment.

Court Disposition

Appeal allowed; impugned High Court judgment and order quashed and set aside; Trial Court decree for specific performance restored

Orders

  • Impugned judgment(s) and order(s) passed by the High Court are quashed and set aside
  • Judgment and decree passed by the Trial Court for specific performance of agreement dated 13.03.2007 is restored