Supreme Court · 2007 INSC 177 · Decided 20 February 2007
Thirneedhi Channaiah v. Gudipudi Venkata Subba Rao (D) BY LRS. & ORS.
- Court
- Supreme Court of India
- Citation
- 2007 INSC 177 · [2007] 2 S.C.R. 960
- Case number
- CIVIL APPEAL No. 853/2007
- Decided
- 20 February 2007
- Bench
- S.B. SINHA, MARKANDEY KATJU (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Contract Act; Land Acquisition Act Section 4, 4(1), 4(I)
Headnote
Contract Act, 1872-Frustration of Contract-Agreement to sell property-Advance paid-Another agreement containing forfeiture clause- C Land Acquisition proceeding by State in respect of suit property-Claim of refund of advance by buyer refused by seller and advance forfeited-Challenge against-Held, the advance amount. Respondent had entered into an agreement to sell suit property to D appellant Appellant made part payment of the consideration amount A regular sale deed was to be executed after the entire amount is paid. On the same day, they entered into another agreement whereupon it was
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