In Brief
This case concerned a dispute over specific performance of a sale agreement for a property. The seller failed to execute the sale deed on the agreed date despite the buyer's readiness to pay. The agreement contained a clause providing that if the seller failed to execute the deed within the stipulated time, the buyer would receive double the earnest money paid (Rs. 4 lakhs instead of Rs. 2 lakhs). The lower courts refused specific performance and awarded double the advance. The High Court reversed this and granted specific performance. The Supreme Court held that the specific sum named in the contract as an alternative remedy precluded specific performance. The Court restored the lower courts' judgments, holding that the buyer was limited to the double advance remedy as contractually stipulated.
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