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Supreme Court of India 2017-11-21 partly_allowed

M.P. Kandaswamy vs N.M. Shivalingaiah & Ors

Bench: 2 — Sanjay Karol, Sujit Narayan Prasad

In Brief

The appellant sought specific performance of an agreement to purchase 30 acres of land after the seller cancelled it, claiming breach. The Supreme Court upheld the dismissal of the suit, finding the appellant-buyer failed to act with due diligence by not promptly obtaining necessary public documents (RTC extracts) and only demanding performance after receiving a breach notice. As a businessman-broker, he was expected to complete formalities proactively. However, the Court enhanced the interest rate on the refundable earnest money from 6% to 12% per annum, ordering its full repayment despite denying specific performance."

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Specific Performance Land Law Contract Law Civil Procedure Due Diligence

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