In the recent case of Basavaraj v. Padmavathi and Others, the Supreme Court stated that in general, no negative inference can be made about a party’s readiness and willingness to fulfil his obligations under a property purchase agreement solely because he failed to produce his passbook.
The Court made it clear that such negative conclusions cannot be made unless the failure to submit the passbook occurred in defiance of a court order or a request for its presentation made by the opposing party.
A dispute over a property sale agreement was the subject of an appeal being heard by Justices MR Shah and BV Nagarathna on a division bench.
This news is written by Ms. Amrita Singh, Research Assistant, All India Legal Forum.