Suit for specific performance -- Agreement to sell -- Allegation of fabrication -- Adverse inference from silence of defendant
Where the defendant alleged that the plaintiff had obtained signatures on blank stamp papers and thereafter fabricated the agreement of sale, the defendant offered no justification for his continued silence in not filing a criminal complaint alleging such fabrication or misuse of the blank signed stamp papers -- The prolonged silence of the defendant right up to the filing of the written statement speaks volumes about his conduct and renders the allegation of fabrication unworthy of credence -- Relief of specific performance rightly granted--Specific Relief Act, 1963. (Paras 10 & 15)
