Specific Relief Act, 1963–Sec. 12–Decree of refund of Rs. 18,00,000/- to plaintiff–High Court modified the amount up to Rs. 3,00,000/- –Whether the plaintiff proved the payment of another sum of Rs. 15,00,000/- –Only evidence of plaintiff on this point without any corroboration from any other witness–Observation of High Court that none of stamp receipts were produced to show that these were collected when such subsequent payment was made–Further, the witness PW 2 signed over the document just below the endorsement and, thereafter, the signature of defendant no. 1 is seen subscribed–Ordinary, in any agreement witnessing payment of money, the party signs first and the witness puts his signatures below that endorsement–Further, the amount of Rs. 15,00,000/- was not mentioned in the suit notice exhibit B-1–Held, subsequent payment of Rs. 15,00,000/- is not established by the positive evidence–Interference declined in the findings of High Court.
