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august 2006

Supreme Court of India · 2006-08-29

M. Meenakshi & Ors vs Metadin Agarwal (D) By Lrs. & Ors

Citation / case number
AIR 2007 SC (SUPP) 1848
Court
Supreme Court of India
Petitioner
M. Meenakshi & Ors
Respondent
Metadin Agarwal (D) By Lrs. & Ors
Author
S.B. Sinha
Bench
S.B. Sinha, Dalveer Bhandari

Judgment text excerpt

The Supreme Court addressed the issue of specific performance of a contract under the Urban Land (Ceiling and Regulation) Act, 1976, specifically referencing Section 10 and Section 26 of the Act. The Court held that the agreement to sell was frustrated due to the rejection of permission to sell the land by the competent authority, thus upholding the lower court's decision to deny specific performance but allowing for the refund of the advance and damages. The judgment of the Andhra Pradesh High Court was set aside, reaffirming the trial court's order regarding the refund and damages.

M. Meenakshi & Ors vs Metadin Agarwal (D) By Lrs. & Ors · Niyam