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Supreme Court of India 2017-04-18 allowed

Jaswinder Kaur (Now Deceased) Through Her Lrs and Ors vs Gurmeet Singh and Ors

Bench: 2 — <UNKNOWN>, <UNKNOWN>

In Brief

In a land sale dispute, the plaintiffs agreed to purchase agricultural land for Rs 55 lakhs, paying earnest money of Rs 50,000 and an advance of Rs 14.50 lakhs. The defendants offered to execute the sale deed by October 30, 1990, but the plaintiffs failed to appear and did not pay the balance. Both lower courts found the plaintiffs lacked readiness, willingness, and funds to complete the purchase. The High Court partly decreed specific performance for the amount paid without reversing these findings. The Supreme Court held this impermissible under the Specific Relief Act. The earnest money was rightfully forfeited for delay; the advance was refunded with 6% interest, adjusted against court costs awarded to the defendants."

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Contract Law Specific Performance Specific Relief Act Real Property Readiness and Willingness

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