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Supreme Court of India 2019-10-04 dismissed

RAVI SETIA vs MADAN LAL

Bench: 2 — Navin Sinha, Indira Banerjee

In Brief

Ravi Setia sought specific performance of an agreement to purchase 2/3 of land from Madan Lal for Rs. 3,60,490 (including Rs. 50,000 earnest money), with execution due by April 30, 1990. The plaintiff claimed he appeared before the Sub-Registrar on that date, but the defendants did not. The trial court decreed the suit. However, the Supreme Court found that the plaintiff failed to demonstrate readiness and willingness to perform his obligations. He neither deposited the balance amount within the prescribed time, nor provided adequate explanation for the delay. His request for extension, citing the trivial ground that money would earn no interest in the bank, evidenced lack of genuine intent. The Court upheld the High Court's reversal, dismissed the appeal, but ordered return of the earnest money with 7% interest if not refunded within one month.

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Specific Performance Contract Law Earnest Money Real Property Law Equitable Relief Readiness and Willingness

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