Supreme Court · 2024 INSC 463 · Decided 8 July 2024
R. Radhakrishna Prasad v. Swaminathan & ANR.
- Court
- Supreme Court of India
- Citation
- 2024 INSC 463 · [2024] 7 S.C.R. 22
- Case number
- CIVIL APPEAL No. 910/2024
- Decided
- 8 July 2024
- Bench
- VIKRAM NATH, PRASHANT KUMAR MISHRA (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- Specific Relief Act
Headnote
Appellant-plaintiff filed suit for specific performance of the agreement of sale and in the alternative prayed for refund of the advance sale consideration of Rs.18,00,000/- (initial advance sale consideration of Rs. 3,00,000/- and additional sum of Rs. 15,00,000/), mesne Trial Court denied specific performance however, directed the defendant no.1 to refund Rs.18,00,000/- to the plaintiff with interest. High Court modified the decree and allowed the plaintiff to recover only Rs.3,00,000/- with interest. Whether the plaintiff proved payment of Rs. 3,00,000/-
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