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Chennadi Jalapathi Reddy v. Baddam Pratapa Reddy (Dead) Thr. Lrs. and Anr.

Civil Appeal · 2019 INSC 959Decided 27 Aug 2019
Civil Appeal Nos. 7818-7819 of 2009
Justice N.V. Ramana · Justice Mohan M. Shantanagoudar · Justice Ajay Rastogi

Background

The appellant had filed a suit for specific performance of an agreement to sell a house, claiming the owner had agreed to sell it to him in 1993 but then sold it to someone else instead. The owner denied the agreement, alleging his signature on it was forged. The Trial Court believed the attesting witnesses and decreed the suit in the buyer's favour, but the High Court reversed this, relying solely on a handwriting expert's opinion that the signature was forged.

Decision Breakdown

The Supreme Court held that a handwriting expert's opinion is inherently weak evidence that should rarely be given precedence over credible eyewitness testimony, and the High Court erred by ignoring the consistent evidence of the attesting witnesses and a related receipt (also bearing the owner's signature) that was never even sent for expert examination. The Court also noted that the expert's comparison was flawed because most of the "admitted" signatures used for comparison were signed only after the lawsuit began, undermining the report's reliability. It further found the owner's own brother had admitted in cross-examination that the disputed signature was genuine. Concluding that the signature was authentic and the buyer had always been ready and willing to perform his part of the contract, the Court set aside the High Court's judgment and restored the Trial Court's decree for specific performance.

Lesson Learnt

In property and contract disputes, courts should not let an expert's handwriting opinion automatically override consistent, credible testimony from witnesses who were actually present: expert evidence is only one corroborative factor, not an automatic trump card.

Official source (sci.gov.in)View Judgment (PDF)

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