Supreme Court · 2013 INSC 310 · Decided 6 May 2013
SMT. Sarita Dokania and ANR.ETC. v. SMT. Krishna Dey and ANR.
- Court
- Supreme Court of India
- Citation
- 2013 INSC 310 · [2013] 5 S.C.R. 1089
- Case number
- CIVIL APPEAL No. 4547/2013
- Decided
- 6 May 2013
- Bench
- S.S. NIJJAR, PINAKI CHANDRA GHOSE (2-judge bench)
- Outcome
- Case Partly allowed
- Case type
- Civil
Headnote
A B Interest - On earnest money - Suits for specific performance of agreement - Decreed by trial court - Decree C modified by High Court declining the relief of specific performance and granting the alternative relief of refund of earnest money - On appeal to Supreme Court notice question of interest on earnest money - Plea of vendor that vendee was not entitled to interest because the D vendor had immediately after the agreement had offered to refund the earnest money - Held: Vendor was liable to pay interest on the earnest money from the date of its receipt - The vendors
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