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

Search related judgments

Judgments are the courts' own published copies, provided for study; they are not certified copies. Source: Indian Supreme Court & High Court Judgments, Dattam Labs (CC-BY-4.0)