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february 2003

Supreme Court of India · 2003-02-17

BANARSI vs RAM PHAL

Citation / case number
SC 2001/19359
Court
Supreme Court of India
Petitioner
BANARSI
Respondent
RAM PHAL
Bench
R.C. LAHOTI & BRIJESH KUMAR

Judgment text excerpt

The Supreme Court addressed a dispute regarding specific performance of a sale agreement under the Specific Relief Act, 1963, particularly focusing on the enforceability of agreements and the nature of transactions. The Court held that the appellants were obligated to return Rs. 2,40,000 with interest, as the trial court had correctly assessed the nature of the transaction as one of loan rather than sale. The judgment emphasized that the appellants' failure to deposit the specified amount would allow the respondent to execute the sale deed, thereby affirming the trial court's decree.

BANARSI vs RAM PHAL · Niyam