Specific Relief Act, 1963–Sec. 20(2)–Decree of specific performance of sale agreement–Challenged on the basis of following ground–
(1) Document in question was forged agreement–Attesting witnesses, proved the execution of document and signatures of defendant on stamp paper are admitted–She received Rs. sixteen lakh as advance.
(2) Transaction was a loan transaction–Stand is found afterthought as it was not raised in reply of notice–Word Rehan was struck off and it was initiated by defendant.
(3) Consideration was inadequate–Property was in occupation of tenants–It would fatch less consideration than the vacant property–Prevailed DLC was not quoted by defendant–Defendant entered in agreement with open eyes.
All the grounds are liable to be negated.
