Topic

silence as evidence

1 articleLatest April 2026
Specific Performance Enforceable via Preponderance of Probabilities | Verbal Real Estate Agreement + Silence + Partial Payment : Bombay HC
Case Law Analysis
|Bombay High Court

Specific Performance Enforceable via Preponderance of Probabilities | Verbal Real Estate Agreement + Silence + Partial Payment : Bombay HC

The Bombay High Court enforced a 35-year-old verbal property sale contract not merely due to silence, but because the defendant’s conduct - accepting partial payment and failing to rebut a detailed notice - created a preponderance of probabilities that a binding agreement existed. This sets a critical precedent for oral real estate deals where written documentation is absent but conduct strongly implies mutual assent.