IMRAT KHAN Vs. IQBAL KOR

JUDGEMENT

(1.) IN this civil first appeal, judgment dated 1.12.2014 passed by Addl. District Judge No. 3, Alwar in Civil Suit No. 176/2011 titled as Iqbal Kor v. Imrat Khan is under challenge. Execution of the agreement to sell was challenged by the alleged executant in the court below and hand writing expert was examined on behalf of both the parties. Appellant has relied upon following ruling of the Apex Court in his arguments Garre Malikharjuna Rao (D) by Lrs. & Ors. v. Nalabothu Punniah - : (2013) 4 Supreme 717. In this case, the Apex Court has held that courts should be slow to base its findings solely on comparison made by it. In this case, it was further held that the relief should not be granted on shaky evidence. If evidence as to genuineness of agreement to sell was shaky and not reliable then no relief should be granted on the basis of such shaky evidence. It was held by the Apex Court that the judgment and order of the trial court was based on proper appreciation of the evidence and the High Court erred in relying upon untrustworthy shaky and vague evidence to grant discretionary relief of specific performance in contravention of Section 20 of the Specific Relief Act, 1963. In view of the above, the appeal was allowed by the Apex Court and the judgment of the High Court was set aside by the Apex Court.

(2.) RESPONDENT has relied upon the following rulings: - -

(3.) APPELLANT submitted his written statement in which he totally denied the execution of agreement to sell and denied receiving any payment.