Law: Code of Civil Procedure (CPC) , 1908

Section: 115,VI Rule 17, III Rules 1 and 2

Law: Contract, Act, 1872

Section: 2(b),10,11,12

SUMMARY

The respondent's suit for specific performance of oral agreement was concurrently decreed, however, the findings have been upended by this Court through this judgment. Held that the Courts are obligated to overall appreciate the evidence available on record. In the present case, report of the local commission (CW-1) and a minor weakness in the petitioner's statement have been made basis for rendering the impugned findings. I am of considered view that neither report of the local commission, which is full of irregularities, nor weaknesses of the defendant's case can be made basis of passing a decree in suit for specific performance of contract instituted on the basis of an oral agreement to sell, which agreement was not concluded in presence of any independent witness and the record clearly depicts glaring contradiction in statement of PWs qua the execution of said oral agreement.

ORDER