Supreme Court · 1998 INSC 51 · Decided 2 February 1998
Sri Tarsem Singh v. Sri Sukhminder Singh
- Court
- Supreme Court of India
- Citation
- 1998 INSC 51 · [1998] 1 S.C.R. 456
- Case number
- CIVIL APPEAL No. 4639/1998
- Decided
- 2 February 1998
- Bench
- S. SAGHIR AHMAD, M. JAGANNADHA RAO (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- Contract Act Section 65, 73, 74, 20
Headnote
Contract Act, 1872 : Section '20-Mistake as to a matter of fact-Applicability-Conditions C for-Mistake as to area of land agreed to be sold-Seller intended to sell land in terms of "bighas" and purchaser intended to purchase it in terms of ''Kanals' '-Held : It is a mistake a~ to a with regard to a matter of fact essential to the agreement for sale-Agreement contained a stipulation that earnest money would be forfeited in case the purchaser did not perform his part of the contract by paying the balance amount of sale consideration-Held: Agreement itself is void under
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