Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1963 - s. 20 - Agreement to sale - Payment of earnest money- Balance amount agreed to be paid on execution of sale-deed - Specific Relief Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Specific Relief Act, 1963 - s. 20 - Agreement to sale -Payment of earnest money- Balance amount agreed to bepaid on execution of sale-deed - Refusal to execute theagreement offering to pay back the earnest money- Suit forspecific performance, possession and injunction - Trial courtdirected the defendant to refund the earnest money - Inappeal by the plaintiff, direction to the defendants to executethe sale-deed after accepting balance amount - In secondappeal, High Court modified the decree of first appellatecourt, directing to measure the land in question afresh andto confirm the decree on the basis of the fresh measurement- On appeal, held: s. 20 provides for discretion to the court ingrating relief of specific performance - Such discretion isnot to be exercised arbitrarily, but should be guided by judicialprinciples - The court may in proper exercise of discretion,grant decree of specific performance in a case where plaintiffhas done substantial acts or suffered losses in consequenceof a contract capable of specific performance - In the presentcase, it cannot be said that plaintiff had done substantial actsor suffered losses due to expenditure in constructions etc; inconsequence of a contract capable of specific performance- Measurement of land agreed to be sold also not clear -Therefore, defendants directed to pay back the earnestmoney with 18% interest per annum. |
Judge | Hon'ble Mr. Justice Prafulla Chandra Pant |
Neutral Citation | 2015 INSC 1025 |
Petitioner | Hemanta Mondal And Others |
Respondent | Sri Ganesh Chandra Naskar |
SCR | [2015] 9 S.C.R. 300 |
Judgement Date | 2015-09-23 |
Case Number | 7893 |
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