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.