Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Contract for allotment of plot |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Issue for consideration: Whether in a matter pertaining to specific performance of the contract for allotment of plot, the refund of earnest money after a period of sixty years was reasonable. Specific performance – Contract for allotment of plot – Suit for specific performance of the contract – Decreed by the trial court directing execution of sale deed – However, set aside by the lower appellate court, directing refund of earnest money with interest – High Court set aside the said order passed by the lower appellate court, upholding that of the trial court – Correctness:Held: Perusal of the prayer made in the suit shows that in the alternative, only refund of earnest money along with interest has not been claimed, rather the buyer claimed adequate damages, which may include refund of the earnest money along with interest – Merely refunding the earnest money paid, after sixty years would be unreasonable as the respondent, after booking the plot, has been waiting all along as even in the litigation since 1986 – Price of the land in the area has increased manifold for the last sixty years – In the interest of justice, the impugned judgment and decree of the High Court is modified to the extent that instead of getting the sale deed of the plot registered, the contractor to pay stipulated amount as full and final settlement of claim in the suit. [Paras 11, 13] |
Judge | Hon'ble Mr. Justice Rajesh Bindal |
Neutral Citation | 2023 INSC 1055 |
Petitioner | M/s. Greater Ashoka And Land Development Company |
Respondent | Kanti Prasad Jain (d) Through Lrs. |
SCR | [2023] 16 S.C.R. 933 |
Judgement Date | 2023-12-06 |
Case Number | 7990-7991 |
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