Supreme Court · 2012 INSC 480 · Decided 18 October 2012
Satish Batra v. Sudhir Rawal
- Court
- Supreme Court of India
- Citation
- 2012 INSC 480 · [2012] 9 S.C.R. 662
- Case number
- CIVIL APPEAL No. 7588/2012
- Decided
- 18 October 2012
- Bench
- K.S. RADHAKRISHNAN, DIPAK MISRA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
Headnote
Contract - Agreement to sell - Payment of earnest money - Agreement stipulating forfeiture of earnest money c by the seller on failure on the part of purchaser to pay the sale amount before specified date - Failure on the part of purchaser in payment of sale amount as per the agreement - Part payment of purchase price cannot be forfeited unless it is guarantee 0 for the due performance of contract - Forfeiture of entire amount of earnest money depends on the terms of the agreement - On facts, the earnest money was a security for the due performance of contract and hence the
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