Supreme Court · 2022 INSC 1279 · Decided 14 December 2022

Desh Raj & ORS. v. Rohtash Singh

Court
Supreme Court of India
Citation
2022 INSC 1279 · [2022] 18 S.C.R. 65
Case number
CIVIL APPEAL No. 9217/2022
Decided
14 December 2022
Bench
SURYA KANT, BELA M. TRIVEDI (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
Contract Act Section 55, 74; Specific Relief Act Section 22

Headnote

Contract Act, 1872: s. 55, 74 - Specific Relief Act - s. 22 - Specific performance of agreement - Effect of failure to perform at fixed time, in contract in which time is essential - Refund of earnest money - Appellants, joint owners of their respective share in the the agreements, the earnest money could be confiscated by the appellants if the sale deed was not executed on prescribed date - Respondent made a part payment towards the sale as earnest money - Respondent was liable to secure necessary No Objection Certificates and intimate the

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